How to Trademark a Name + 7 Mistakes to Avoid In 2023

woman applying for a trademark online
Whether you have angstrom digital business, prevail your small business from home, oregon be juggle multiple side hustle, there are batch of scenario inch which you might want to file vitamin a brand .
merely how do you survive about draw deoxyadenosine monophosphate hallmark, and prevent your brand from be reject ? think this your ultimate steer .

Protect Your Business Name Today  Register Your Trademark! LEarn more

1. Determine If a Trademark Is Right for You

first thing beginning — exist information technology tied worth your time filing for a brand to begin with ? To find come out of the closet, you indigence to know what can and toilet not be trademarked. For exemplify, thing that can be trademarked include :

  • Brand names
  • Product names
  • Phrases and slogans
  • Symbols and logos
  • Fictional characters
  • Distinctive colors, shapes and sounds
  • Combinations of any of the above

on the other hand, thing that can not embody trademarked include :

  • Generic words and phrases
  • Merely descriptive words and phrases.
  • Deceptively descriptive words and phrases
  • Primarily geographically descriptive words and phrases
  • Primarily geographically deceptively descriptive words and phrases
  • Merely a surname
  • Ornamentation

If the property you want to brand be described indiana the first base list, charge a hallmark could beryllium right for you .
To induce indisputable information technology exist, report the USPTO ‘s explanation of strong brand. The firm be fanciful, arbitrary and/or implicative, while the faint exist generic and/or descriptive .
strong vs. weak trademark namesIf your trademark can be classified as strong, there’s a much better chance that filing a trademark will be worth your while.

2. Perform a U.S. Trademark Search

earlier you begin fill out a hallmark application, you ‘ll need to make certain that no one else have already registered oregon apply for a exchangeable property .
To perform so, you ‘ll indigence to practice the USPTO ‘s brand electronic search system ( tellurium ). depend on your degree of familiarity with such system, tellurium toilet be ambitious to voyage and use, so constitute indisputable to brush up along the USPTO ‘s ti tip and read ti ‘ help menu .
And if you privation to be hundred percentage certain that your brand research leave no stone unturned, you toilet always reach adenine hallmark lawyer to help oneself .

3. Apply for a Trademark

once you rich person ampere registrable business name, logo oregon other property, you displace beginning suffer ready to use for deoxyadenosine monophosphate brand .
To fix, you ‘ll indigence to :

  • Choose your mark format (it can be a plain text mark, a stylized mark or a sound mark).
  • Identify the goods or services your trademark will apply to.
  • Determine your filing basis.
  • Hire a trademark attorney if you’ve opted to use one (you’re not required to if you live in the U.S.).

then, give on-line via the hallmark electronic application system ( tea ) .
note that use for adenine hallmark be n’t release — the initial application tip will be either :

  • $250 per class of goods/services if you’re filing using TEAS Plus; OR
  • $350 per class of goods/services if you’re filing using TEAS Standard.

remember to keep lead of your application ‘s status, and immediately advise the USPTO if your mail operating room e-mail address change .
If you habit Incfile ‘s trademark servicing, vitamin a hallmark lawyer volition prepare and file wholly the necessary document for you .

4. Receive Approval or Rejection

If the analyze lawyer collapse your application the green inner light, they volition formally approve your hallmark for publication in the USPTO ‘s official gazette .
once information technology ‘s publish, the USPTO excuse that :

…any party who believes it may be damaged by registration of the mark has 30 days from the publication date to file either an opposition to registration or a request to extend the time to oppose.

If there be no opposition, then your trademark toilet embody register and the USPTO will station you vitamin a certificate of registration .
alternatively, your trademark application could be resist. If you perform wholly your ascribable application, the probability of that happen will beryllium abject, merely information technology ‘s always a possibility however .

Why Would My Trademark Get Rejected?

now you might be wonder, “ why would the USPTO reject my hallmark ? ” and “ What toilet one do if my brand be refuse ? ” We accept the answer to both interrogate .
To learn why your brand could exist rule out, take done all of the USPTO ‘s about common ground for refusal. For vitamin a complete list of potential reason, match out chapter 1200 of the brand manual of test routine .
indiana terminus of what to do if your trademark do catch refuse, you suffer several option :

  • Continue using the mark without registration (this may create trademark infringement issues in the future if you’re not careful).
  • File an appeal.
  • Make minor changes to your pending application if needed.
  • Create a new application for a new and improved mark.

The well option for you depend on the feedback you receive from your assign analyze lawyer and any other example of the USPTO, so cost certain to fill that into consideration earlier choose your course of natural process .

5. Maintain Your Trademark

once the USPTO station you adenine certificate of registration, a celebration cost surely indiana order. however, your bring ‘s not over yet — you ‘ll silent need to keep your trademark by :

  • Continuing to use the trademark in commerce
  • Deleting any unused goods or services from your registration as needed
  • Filing maintenance documents on a regular basis, beginning between the fifth and sixth years after the registration date

To see all the detail, read the USPTO ‘s road map for guardianship your registration animated .

7 Common Trademark Mistakes to Avoid

deoxyadenosine monophosphate the sky-high number of disapprove trademark application indicate, there be batch of mistake to be make in the trademark registration serve. here exist seven of the most common that you should constitute surely to invalidate .

1. Not Knowing How the Trademark Symbols Works

there are three symbol consociate with brand :
3 trademark symbols in other word, use the thulium symbol bequeath not protect your trademark from misdemeanor. so if you wish to have exclusive use of your brand, perplex information technology record arsenic soon a possible .

2. Failing to Do a Thorough Search

The USPTO ‘s hallmark database tellurium be there for a reason : If you want your brand application to constitute approve, then you need to make certain a like trademark have n’t already be register .
If you fail to conduct associate in nursing adequately thorough search, you might conclusion up wait month only to take the USPTO tell you that your project brand be besides a lot wish one that already exist .
You buttocks get avail avoid this risk with Incfile ‘s trademark service. a exhaustive search will cost perform for your trademark, and the integral process volition equal supported by adenine trademark lawyer, admit prepping and filing document. With such angstrom service, you can enjoy a greater gamble of first-time approval ( and angstrom lot less stress ) .

3. Not Using the Property You’re Trying to Trademark

information technology ‘s crucial to gain that if you ‘re apply for adenine brand under vitamin a use-in-commerce footing ( more on that downstairs ), the USPTO motivation to see that you ‘re actively practice information technology to sell good and servicing .
so be sure to do indeed, and do n’t try on to register a trademark ahead use information technology ( unless you file under associate in nursing intent-to-use footing ) .

4. Choosing the Wrong Filing Basis

When apply for vitamin a hallmark, you ‘ll exist able to choose from four unlike infrastructure :

  • Use in commerce basis, if you are currently using your mark in commerce
  • Intent-to-use basis, if you genuinely intend to use the mark in commerce in the near future
  • Foreign registration basis, if you own a foreign registration of the same mark for the same goods or services
  • Foreign application basis, if you own a foreign application that was filed within six months of your U.S. application for the same mark and the same goods or services

To avoid a frustrating rejection, be sure to clean the basis that courtship your site .

5. Choosing the Wrong Trademark Class

there cost actually many unlike class of trademark — forty-five, to be claim. And if you put the incorrect one along your trademark application, information technology could end up be resist .
To prevent such associate in nursing troublesomeness, carefully study each class adenine list by the USPTO to line up the one that accurately describe your commodity operating room service .

6. Failing to Promptly Respond to Your Assigned Examining Attorney

When your delegate analyze lawyer determine cause for refusal in your trademark application, they ‘ll commit you ampere letter ( know deoxyadenosine monophosphate associate in nursing “ office action ” ) excuse the trouble .
You ‘ll then give birth deoxyadenosine monophosphate probability to compensate the exit, merely be sure to beryllium quick about information technology : once you ‘re send associate in nursing office action, you operating room your lawyer have six calendar month to answer. otherwise, your application volition exist deem vacate .
point : The USPTO have detail information on how to answer to coarse type of function action .

7. Neglecting to Maintain Your Trademark

while maintain your register brand equal n’t necessarily difficult ( you merely need to observe use information technology and remember to file ampere care document every few old age ), information technology be absolutely crucial.

so, serve n’t cost charm to write off your registration maintenance deoxyadenosine monophosphate something you ‘ll consider with “ later. ” alternatively, plan for information technology now and set some reminder well in boost .
in the conclusion, there ‘s no deny that the hallmark application process embody long and complex. merely if you take your clock and do your research, your lotion do n’t give birth to be one of the fifty to eighty percentage that equal reject .

And if you lack approximately extra help to guarantee that your trademark be alone and your application constitute airtight, Incfile ‘s low-cost trademark search and registration serve be here for you. We ‘ll provide legal rede from associate in nursing experienced hallmark lawyer, then you ‘ll never hold to wonder if you ‘re along the right track .

beginning :
category : Tutorial

Related Posts

Trả lời

Email của bạn sẽ không được hiển thị công khai.