What is a Trademark?
A trademark is a distinctive sign, symbol, word, or phrase that identifies and distinguishes the source of goods or services of one party from those of others. It's essentially your brand's signature in the marketplace.
Trademarks can include:
- Business names and product names
- Logos and graphic designs
- Slogans and taglines
- Colors and sounds (in specific contexts)
- Product packaging and trade dress
Why Register Your Trademark?
While you gain some trademark rights simply by using a mark in commerce, federal registration provides significant additional benefits:
Key Benefits of Registration:
- Nationwide protection and legal presumption of ownership
- Exclusive right to use the ® symbol
- Ability to bring federal court actions for infringement
- Basis for obtaining international trademark rights
- Enhanced damages and lawyer fees in infringement cases
Before You Apply
1. Conduct a Comprehensive Search
Before filing your application, it's crucial to conduct a thorough trademark search to ensure your desired mark doesn't conflict with existing trademarks. This includes:
- Federal trademark database search (USPTO TESS database)
- State trademark registrations
- Common law trademark usage
- Domain names and business registrations
- International trademark databases
2. Determine Your Trademark Classes
Trademarks are registered for specific goods and services, organized into 45 international classes. You must identify the correct classes for your trademark application.
The Application Process
Prepare Your Application
Gather all necessary information including your trademark, description of goods/services, and basis for filing (use in commerce or intent to use).
File Your Application
Submit your application through the USPTO's Trademark Electronic Application System (TEAS). Filing fees range from $250-$350 per class.
Examination Process
A USPTO examining lawyer will review your application for legal compliance and potential conflicts with existing marks.
After Filing Your Application
The trademark registration process typically takes 8-12 months from filing to registration. During this time, several things may happen:
- Office Actions: The examiner may issue objections that require responses
- Publication: Approved marks are published for opposition (30 days)
- Registration: If no opposition occurs, the mark registers
International Considerations
If you plan to expand internationally, consider the Madrid Protocol system for filing trademark applications in multiple countries through a single application.
Pro Tip: File in your home country first, then use that as a basis for international applications within six months to claim priority.
Conclusion
Trademark registration is a complex process that requires careful planning and attention to detail. While it's possible to file on your own, working with experienced trademark lawyers significantly improves your chances of success and ensures proper protection of your brand.
At Active Trademark, our licensed lawyers have successfully registered over 2,000 trademarks across 32 countries. We handle every aspect of the process, from initial search to final registration, ensuring your brand receives the protection it deserves.
Ready to Protect Your Trademark?
Our licensed lawyers are ready to help you navigate the trademark registration process. Get started with a professional trademark search and application review.