US Trademark Registration Process
How do I protect my brand? What is the trademark registration process? Can I do it myself? Is it really that hard? Maybe some of these questions led you to us (thanks for visiting!).
Registering a trademark is not a simple process, but it is also not as difficult as other legal processes like filing a patent application. In general, there are four major steps during the trademark registration process.
First, you submit a trademark application at the United States Patent and Trademark Office (USPTO). This can be done online by visiting www.uspto.gov. The trademark application will include basic information about your trademark filing, such as the trademark, when you first started using the trademark, and the specific goods or services you are using in connection with the trademark, among other details.
Once filed, the second step is examination of your trademark application. A trademark examiner at the USPTO will examine your application to determine whether it meets all the legal requirements and if your trademark is registrable.
If the examination process is successful, during the third step your trademark will be published in the online Trademark Official Gazette. Publication begins a 30-day period during which any member of the public who thinks they’ll be harmed by the registration of your trademark may oppose it.
And finally, if no one opposes your trademark filing within the 30-day publication period, your trademark will become registered.
The USPTO has a fantastic resource to answer all your questions and provide expanded details on the filing process: check out https://www.uspto.gov/trademarks/basics.
You do not need to be an attorney to file your own trademark application, but we strongly encourage you to seek out the advice of a trusted attorney. A competent trademark attorney can ensure that your trademark application is filed correctly and is best positioned to result in a trademark registration. A competent trademark attorney can also save you time and money on the front end by advising on whether your proposed trademark is capable of being registered. Although hiring an attorney does bring added expense, it also brings peace of mind and can save you money and heartache in the long run.
Want to learn more about trademarks? Check out our posts on What’s a Trademark?, Traditional Trademarks, Non-Traditional Trademarks, Collective Marks, and Certification Marks.
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Additional Resources:
The Trademark Registration Process: Step-by-Step Guide, JABURG WILK, by Aaron K. Haar and available at https://www.jaburgwilk.com/news-publications/the-trademark-registration-process-guide.
Trademark Registration Toolkit, USPTO, available at https://www.uspto.gov/sites/default/files/documents/TM-Registration-Toolkit.pdf.
Filing a Trademark Application in the United States, INTA, last updated August 31, 2019, and available at https://www.inta.org/fact-sheets/filing-a-trademark-application-in-the-united-states/.
Trademark Basics: A Guide For Business, INTA, available at https://www.inta.org/wp-content/uploads/public-files/resources/INTATMBasicsBrochure.pdf.