In business, a brand name is worth its weight in gold — or legal fees, depending on how you look at it. That’s why companies can seem overly protective of their names and logos, investing time and resources to add that little ™ or ® symbol next to them.
These symbols aren’t mere decoration. They signify that the name or logo preceding it is legally protected through trademark registration. Trademarking is a powerful legal tool that safeguards your brand’s identity. Whether launching a new business or running an existing one without a trademark, you should consider registering a trademark to protect your brand’s property.
You are probably wondering, “How do I file a trademark?” and “What does the trademark process involve?”. Don’t worry, we’ve got you covered. This article will explain how to file a trademark, outline the trademark requirements, guide you through the 6-step trademarking process, and provide typical timelines. Let’s get started!
What is a Trademark?
A trademark is a legally protected word, phrase, symbol, design, or combination of elements representing a business or brand. Regarding trademarking names, the trademark holder reserves exclusive rights to use them with the goods or services they offer.
This protects your brand name and prevents impersonators from using your name without seeking permission from you. Trademarking a name also stops other companies or brands in your industry from using your exact or a similar name.
When it comes to trademarking your name, you have two main options: common law and USPTO (United States Patent and Trademark Office). A common law trademark protects within your local area, while a USPTO-registered trademark offers a more robust, nationwide legal protection for your business.
Benefits of Trademarking a Name
Here are a few benefits of trademarking your business name:
- Gives you exclusive rights: When you trademark a name, you become the sole owner and exercise total control over how it can be used within your industry. This means if another entity in your industry wants to use your name or something similar to sell similar goods or services, they must seek your permission and pay through a licensing agreement. If they don’t, you can take legal action and stop the brand from using your name or other protected assets.
- It builds consumer trust: Trademarks help customers identify and remember your brand. When consumers see your trademarked name or logo, they know exactly what to expect, which can influence their purchasing decisions. It’s like a seal of authenticity for your goods or services. This recognition builds trust over time as customers associate your mark with positive experiences. In a saturated market, this trust and recognition can be the difference between a customer choosing your product or service over a competitor’s.
- Export advantages: When you acquire a U.S. trademark registration, it can serve as a foundation for obtaining trademark registration in foreign countries. Many countries prioritize marks already registered in the applicant’s home country. Some international treaties, like the Madrid Protocol, let you file for protection in multiple countries with a single application using your U.S. registration. This can ease your expansion into international markets and save you time and money.
- Perpetual protection: As long as you continue to use your trademark in commerce and file the necessary maintenance documents, the mark can last forever. This contrasts with patents or copyrights that expire after a specific period. Your brand can build recognition and value indefinitely with a registered mark. Some of the world’s biggest brands have had trademarks for over a century. For example, Coca-Cola has had its trademark since January 1893!
- Boosts credibility: That little ™ or ® symbol speaks volumes about your company’s legitimacy and commitment to longevity. It tells customers, suppliers, and potential investors, you’re serious about your business. It’s a sign that you’ve completed the official process and met federal standards. This mark of professionalism can open doors to new opportunities and partnerships.
- Defend or reclaim your domain name: A registered trademark strengthens your claim to a matching domain name. If someone’s squatting on your branded domain with your trademark, you have a stronger case to reclaim it.
What are the Trademark Requirements?
There are some requirements you must meet to be eligible for trademark registration. The USPTO uses these requirements to decide whether to approve or reject a trademark application. Here are the four basic trademark requirements:
- No conflicts with other registered trademarks.
- Your trademark should be distinct.
- Your mark should be used in commerce.
- Your trademark should be an identifier of the source. This means consumers should be able to associate the trademarked asset with the product or service it represents.
Trademark Process: How to File a Trademark in 6 Steps
You must follow six steps to file your trademark and have it approved by the USPTO. Ensure you understand and meticulously follow these steps to avoid making mistakes that can cause delays in the trademark approval process.
Step 1: Determine if you need a trademark
Trademarking is a long and sometimes tedious process — the USPTO says the average filing time takes 12 to 18 months. To avoid wasting time and money, it makes sense to first determine if your business needs a trademark or other forms of protection such as a patent or copyright.
Trademarks are designed to protect brand names, logos, slogans, and sometimes even sounds or colors associated with a brand. If your business is gaining recognition in the market due to its unique brand identity, it’s crucial to apply for a trademark.
Consider your business goals and geographic reach when deciding on a trademark. If you’re planning to operate locally with no immediate plans for expansion, a trademark might not be necessary. However, if you have ambitions to grow your business across state lines or even internationally, a federal trademark registration can offer significant protection and credibility.
Step 2: Ensure your name is unique
Before starting the trademark application process, you must verify if the name, logo, or other branding asset is available. A simple internet search won’t suffice. You need a thorough investigation of existing trademarks and pending applications. The USPTO has the Trademark Electronic Search System (TESS) for this purpose. You can also use third-party trademark search resources like our free trademark research tool.
Ideally, you should perform trademark checks before choosing your business name. A unique name lets you stand out from competitors and carve out your own brand space. If your name is too similar to others to trademark, it’s likely too similar to be suitable for your brand.
Step 3: Check eligibility for a trademark
Even if the business name you want to trademark isn’t already registered and is inside the USPTO database, it may still be ineligible for registration. The USPTO has a set of rules for trademark eligibility that go beyond the existence of a similar trademarked business name.
For example, any name you want to register shouldn’t be immoral, deceptive, or too generic. If you’re uncertain about your business name’s eligibility, it’s crucial to consult a trademark attorney. Their expertise can provide the necessary clarification and guidance.
Step 4: Choose the appropriate trademark type and classification
The USPTO uses 45 trademark classifications for goods and services. This system helps identify potential conflicts within classes. Selecting the correct class(es) is vital, as post-submission changes aren’t allowed. Incorrect choices may result in rejection or insufficient protection.
Your chosen classes will determine your trademark’s protection scope. Using the name outside these classes can be risky. For example, a beauty retailer trademarked in retail services might encounter problems using their name for a music event if a similar name is already trademarked in entertainment.
While multi-class registration offers wider protection, it’s essential to be strategic and balance your protection needs with your budget when selecting classes. Each additional class costs $ 250, so it’s vital to consider this when planning your trademark strategy.
Step 5: Prepare your application
It’s time to assemble your trademark application. Gather all essential information about your mark, including a clear representation and details on its use in commerce. Specify the associated goods or services, as this determines your filing classes. Have examples of your mark ready for use, as these may be required later.
Accuracy is crucial in your application – even minor errors can cause significant delays or rejections. Consider your filing basis carefully: are you already using the mark, or do you intend to use it soon? If you’re unsure about any aspect, consulting a trademark attorney can help you navigate the process more smoothly and increase your chances of successful registration.
Step 6: Maintain your trademark
Registering your trademark is just the beginning. You must regularly file specific documents with the USPTO to keep it active. A Declaration of Use is required between the 5th and 6th year after registration. Then, between the 9th and 10th year (and every decade after that), you must file both a Declaration of Use and an Application for Renewal. Missing these deadlines can lead to cancellation, so stay vigilant.
Maintenance also involves actively using your mark in commerce and defending it against infringement. Monitor the market for unauthorized use and take action when necessary. If your use of the mark changes significantly or expands to new goods or services, consider filing a new application. Consistent maintenance protects your brand’s identity and market position.
What is the Trademark Timeline?
Trademark timelines show the time interval it takes to process and maintain a trademark application. The timeline depends on the requirements and filing basis you choose during your application.
- There is a current wait time of around nine months to have a trademark application reviewed by the USPTO.
- The review process takes around one month.
- If the trademark is approved, this takes another three months.
- The total time from application to approval takes around 13 months.
If your trademark is not approved, the USPTO will issue a letter of office action. This takes around three months to receive, and then you have a further one to two months to provide additional evidence and take action. At this stage, if the trademark is approved, this takes another three months. If not, another round of evidence is required.
The whole process, therefore, takes between 12 and 24 months, depending on how many rounds of review are required. You can speed up the process by carefully filing your first application and providing all the necessary evidence at the first stage.
Wrapping Up
Filing a trademark is essential in protecting your brand identity. While the process can be complex, breaking it down into manageable steps makes it easier to follow through. From determining your need for a trademark to maintaining it after registration, each step plays a vital role in safeguarding your intellectual property. Start your journey today.
