Applying for a trademark might seem daunting, but breaking it down into manageable steps can make the process clearer. While this Insight provides a quick primer on the trademark process, contact our Corporate Practice Group for specific questions related to your trademark or service mark needs.
What is a Trademark?
The United States Patent and Trademark Office (USPTO) provides this definition for a trademark:
A trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services. It’s how customers recognize you in the marketplace and distinguish you from your competitors.
A trademark can apply to both goods and services. “Trademark” or TM typically refers to goods, while “service mark” or SM applies to services.
Here is a brief overview of trademark application process:
1. Conduct a Trademark Search
Before filing a trademark application, it’s essential to conduct a thorough search to ensure that your desired trademark isn’t already in use. This step can save time, money, and the potential legal trouble of inadvertently infringing on someone else’s trademark.
2. Prepare Your Application
Once you’ve confirmed the uniqueness of your trademark, the next step is to prepare your application. This will include:
- Your Name and Address: The legal entity applying for the trademark.
- Representation of the Trademark: A clear image of the logo or a precise description of the word/phrase.
- Goods or Services: A detailed list of the goods or services your trademark will represent.
- Filing Basis: The reason for filing, whether the trademark is already in use or intended for future use.
3. File the Application
You can file your trademark application online via the United States Patent and Trademark Office (USPTO) website. The USPTO offers two primary types of applications:
- TEAS Plus: This option requires a complete application but has a lower filing fee.
- TEAS Standard: This allows more flexibility but has a slightly higher fee.
4. Review by USPTO
After submission, your application will be reviewed by a USPTO examining attorney. This review typically takes about 6-8 months. During this time, the attorney will evaluate whether your trademark meets all legal requirements. If any issues arise, you’ll receive an “Office Action” detailing the reasons for refusal or requests for additional information.
5. Publication for Opposition
If your application passes the initial review, it will be published in the USPTO’s Official Gazette for 30 days. During this period, third parties have the opportunity to oppose your trademark. If no oppositions are filed, your trademark will proceed to registration.
6. Trademark Registration
Once the opposition period passes without issue, your trademark will be registered. You’ll receive a certificate of registration, granting you exclusive rights to the trademark.
Fees and Costs Involved
The cost of filing a trademark application depends on several factors:
- Filing Fees: USPTO fees range from $250 to $350 per class of goods or services, depending on whether you choose the TEAS Plus or TEAS Standard option.
- Legal Fees: If you choose to hire an attorney to assist with the application, expect to pay additional fees for their expertise. While optional, legal assistance can ensure your application is correctly filed and increase the chances of successful registration.
How Long Does It Take?
The entire trademark registration process can take anywhere from 9 months to over a year, depending on various factors such as the complexity of your application and whether any oppositions or legal issues arise.
Why Trademarking Your Symbol Matters
Trademarking your brand’s symbol is more than just a legal formality—it’s an important step in safeguarding your business’s identity. A registered trademark not only protects you from competitors copying or diluting your brand but also adds value to your business, making it a critical asset in your overall business strategy.
If you’re considering trademarking a symbol, name, or slogan for your business, our experienced team at Moore, Christoff & Siddiqui is here to guide you through every step of the process. Contact us today for more information or to schedule a consultation.
