Trademarks are registered names, logos, symbols, and similar data that identify a company or service. You’ll need a trademark to protect your unique product or brand name.
Is a Trademark What You Need?
Before you try to obtain a trademark, your product must be eligible for one, which most often means you plan to print the name, symbol, or mark on your product or you plan to use the name to represent a service you provide. For the most part, a trademark is applied to a symbol or name that will be used in advertising. If what you have meets these requirements you can apply for a trademark. If they don’t, you may need a copyright or a patent.
For more information on the latter, refer to The Difference Between a Patent and a Trademark or The Difference Between a Copyright and a Trademark.
Perform a Trademark Search
Once you’re sure a trademark is what you need, you must perform a search to determine if the data you want to trademark has not been trademarked by another company or entity. You’ll need to search the Trademark Electronic Search System database at the U.S. Patent and Trademark office.
How do I Trademark a Name?
After a complete and thorough search of the database, you can then register your trademark. You can file the application online using the Trademark Electronic Application System web site, part of the U.S. Patent and Trademark Office.
There are a few things to keep in mind when using a registered trademark:
- A trademark will last indefinitely provided you continue to use the trademark and you file the necessary affidavits of continued use forms.
- You must use the TM (trademark) or SM (service mark) symbol to let people know your mark is registered.
- Your trademark registration is not valid outside the United States unless you also file an international trademark application.
Note: A trademark will not be granted if your submitted trademark is similar to or may cause confusion with another registered trademark.
For more information read Protect Your Company and Brands from BrandJackers.
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