Trademarks protect brand names and logos from use by competition businesses. If a name or a logo is trademarked, it cannot be copied or otherwise infringed upon. There are many statutory rules and regulations surrounding trademark registration, making the process seem daunting. However, trademark protection ensures that your brand remains yours.
Overview of the USPTO
Trademarks are registered through the United States Patent and Trademark Office (USPTO). The USPTO is a federal agency that grants patents and registers trademarks to inventors and businesses for their inventions and product names, respectively. The USPTO aims to ensure intellectual property rights while fostering innovation and economic growth.
Trademark Application Process
To register your trademark, the first step is to be sure that your trademark is protectable. For instance, you are unable to register marks that are generic or similar to an existing trademark. It will be important to search for similar trademarks through the USPTO search tool. Once you nail down your mark and are sure that it is registerable, you will need to file the application and pay the associated fee. Once your application is submitted, it is sent to a USPTO attorney who reviews the application, and at this point, you will be notified as to whether your application has been approved. The entire process can take quite a while—anywhere between 12-18 months. However, you will be able to monitor the status of your application through the USPTO’s Trademark Status and Document Retrieval tool.
Consult with an Intellectual Property Attorney
It is important to keep in mind, that once your mark is registered with USPTO, their job is done. It will be your responsibility to monitor for violations of the mark and enforce your trademark protection. If you need assistance either submitting a trademark application or enforcing your trademark protections, contact our office to speak with an intellectual property attorney.
