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What is a Trademark? |
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Trademark offers legal protection to
intellectual property. According
to the USPTO "a trademark is a word,
phrase, symbol, and/or design that identifies and
distinguishes the source of the goods of one party from
those of others. A service mark is a
word, phrase, symbol, and/or design that identifies and
distinguishes the source of a service rather than goods.
The term “trademark” is often used to refer to both
trademarks and service marks."
You can learn more about trademarks by
visiting the
USPTO office
You can also utilize the
FAQ page to learn more
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Should you register a Trademark? |
While it is true that you do not have to
register a mark in order to lay claim to it, it is
highly recommended that you do because it puts others on
notice that you do have a legal right to the name and
exclusive use of the name. This helps to avoid
legal battles later on.
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Can you file your own Trademark
application? |
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Filing for a Trademark is something
you can do yourself. It is not necessary to use an
Attorney. However, you should use an attorney if you
need advice.
You can file
for a trademark at:
USPTO
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How long does it take to get a
Trademark approved? |
It can take one to several years to
successfully negotiate the trademark process and get
your trademark. It all depends on the type of
application and legal challenges to it.
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What are the filing fees? |
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Each mark must be
filed separately. The fee is based on the number
of "classes" and the type of application being
submitted.
For example, if
you file to trademark the term "Toys Playground" to be
used on boxes for children's toys, that is one class.
If you want to use it on boxes for children's toys and
children's clothes, that's two classes.
There are two
applications you could use the TEAS Plus version ($275
per class) and the standard TEAS ($325 per class).
That is, whether you are filing as a small entity or a
regular organization.
You can get more
details on filing fees at
USPTO Filing Fees
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Search |
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You should start
your trademark process by doing a search for it in the
USPTO database. If it already exists there is no
need to waste your money by filing for it. Once
you file and pay the fees, there is no refund, even if
the mark is already registered.
Start your search
here:
USPTO Search page
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Symbol |
The ®
(circled "R") is used to
represent a mark that has been registered with a
national trademark office. For the U.S. that is
the USPTO.
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or
Symbol |
The TM or SM symbols
are used to represent a mark that has not been
officially registered with the trademark office.
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Displaying the symbol |
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The proper manner to display these
symbols is immediately following the mark in superscript
style. For example:
CannonTM |
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Handling Trademark Infringments |
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