There is no doubt about the fact that your brand is like your baby, and you will take every necessary step to protect it. But what if one day you get to know that another company is using a similar name or logo to yours? For instance, a bakery bakes sourdough bread and sells it in the market. But suddenly you find a new bakery that started selling similar bread with the same name. This will create competition and confusion. Thus, this is disheartening and will affect your customer base. In such a situation, it is always better to get the best trademark registration attorney in the USA to protect your brand identity and branding system with a trademark. To trademark your brand or intellectual property benefits you by helping you avoid the nightmare, whether it is new or old.
What is a Trademark, and Where to Get it Registered?
A trademark is known to be an intellectual property. In other words, a phrase, logo, or design that is registered in the name of a business. It offers an exclusive right to intellectual property along with great legal protection.
Knowing the right meaning of what is trademark registration is all about a business being offered legal rights and protection with regard to that particular name. However, when it comes to registering your trademark, the United States Patent and Trademark Office, or USPTO, is the right place. It examines everything. Plus, they approve the applications.
The format of registering your trademark involves standard characters like names and phrases, special forms like logos and designs, and sound marks such as jingles, boot-up tunes, etc.
The Right Way to Register a Trademark
People get confused when it comes to the question of how to apply for trademark. There is a certain way of doing it, and it is mentioned below:
1. Select a trademark for your brand or business.
Selecting a unique name, phrase, or design for your brand or business is the initial step in how to get a trademark. This way, it can encourage customers to associate with the products better. Also, it becomes easy to defend the trademark. The USPTO demands every business choose a trademark from the following categories:
a) Fanciful trademark
These new words are not in the dictionary.
b) Arbitrary trademark
These are words with no relation to your products.
c) Suggestive trademark
These are words that offer a hint about the services or products you offer.
2. Do proper research about it being already used.
Before applying for a trademark, ensure that the name or design you are selecting is not already a trademark. So, try to go through a ‘clearance search’. This will clear up your doubts about the name or design being unique. Plus, your money and time will be saved. Otherwise, USPTO will consider the ‘likelihood of confusion’ and can reject your trademark. You can opt for it in the Trademark Electronic Search System and look for things like:
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- Similar names, designs, or phrases.
- Similar sounds
- Names translating similar meaning
- Plural forms or words with an apostrophe
3. Focus on trademark applications.
After working on your search process, it is time to focus on the trademark application. Decide which kind of goods or services you wish to register a trademark for. While the trademark application is underway, get these things ready:
- Name and address of the business owner
- Drawing of the trademark in JPEG format
- Sound file in WAV format
- Trademark description
In different scenarios, you have to show the filling basis and the use-in-commerce basis.
4. Filing the trademark application
Now you can file the trademark application by creating a separate account on the USPTO site. Next, fill out the online application form on TEAS with two file options:
a) TEAS Plus
Opt for this option if you have materials or information ready. The goods and services category needs to be in the trademark ID manual. The fee for it is $250 per good or service.
b) TEAS Standard
This option doesn’t need every piece of information or trademark ID manual. The filling fee for this option is $350 per class.
5. Follow up
After submission, the USPTO will assign an attorney and examine the application. If there are no issues, then the application is approved. Or if there are some issues, then you need to respond to trademark office action. To respond within the given deadline.
6. Maintain an already-approved trademark.
Understanding how trademarks work and getting trademark registration are not enough. You need to file a declaration of use every 5–6 years after the approval. Also, file for online trademark renewal every 9–10 years.
Why is it Important to Buy a Trademark?
There is a lot of confusion related to how to purchase a trademark. Here are some steps to clear the confusion and focus on the details:
1. Know the type of trademark needed.
The initial step in buying a trademark is deciding what it conveys to the customers, like quality, types of goods and services, mission, etc. It should reflect the brand’s personality.
2. Search trademark databases.
TESS is the best place to search. Try to search at other sources, such as the USPTO’s supplemental register, Amazon, etc.
3. Know the trademark and create an offer.
To avoid legal disputes, ponder upon any trademark similarities. You can go through and check the chain of ownership at the USPTO site. Also, check if the currently used trademark is in commerce, has been renewed, etc. Ensure to check if it is a common-law trademark. After assessing everything, approach the owner and make a deal to get the trademark.
4. Make an assignment agreement.
After negotiating the trademark price, try to create a sales contract via assignment agreement. It comes with legal rights and goodwill linked to it:
a) Common law rights
It is obtained via long-term use.
b) Goodwill
This is the inherent value that comes from the consumer relationship and its earning power.
5. Register the assignment with USPTO.
People don’t know where to register a trademark. Well, it needs to be registered with USPTO after completing the assignment agreement. You can even register the trademark with ETAs. Registration of a trademark needs to be completed within three months after the purchase.
Why Choose the Right Attorney to Register a Trademark?
To avoid making any mistakes while registering your trademark, it is essential to choose the right attorney. Every attorney knows how trademarks work, but a successful track record is important. Here are some points to consider when selecting the right attorney to register a trademark:
- He should have expertise in trademark law.
- An attorney should have a successful track record of registered trademarks. It is not just mere paperwork, as it needs proficiency, skill, and other things.
- He should have great experience in trademark law. Also, he should be experienced in trademark searches, renewals, cease-and-desist letters, office action responses, etc. An attorney’s extensive knowledge can work in your favor.
- An attorney should be honest and work with integrity. Rather than working on the number of trademark applications, he should focus on the quality of trademark registration results.
- Communication should be given importance by any trademark attorney. Due to this, personalized attention by the trademark attorney should be expected by every person.
- Hiring a trademark attorney means expecting a smooth trademark registration process. All of this can be achieved if the attorney works efficiently and professionally.
Why Choose Bissmarks?
You can protect your intellectual property with Bissmarks. It is the leading spot where top-notch attorneys with years of experience provide the best trademark registration services. Bissmarks makes it easy for you to get the right attorney for trademark registration.
The services offered by Bissmarks are trademark comprehensive search USA, online trademark filing services, statement of use, renewal of trademark services, trademark abandonment USA, etc.
With Bissmarks, you can start the process of trademark registration by selecting a suitable plan:
a) Basic
It is free and involves a search report.
b) Gold
It is for $99 plus the government fee along with a search report, attorney-led filling, etc.
c) Platinum
It is for $199 plus the government fee along with all of the gold services, major office actions, statements of use, and priority processing.
