If you want to register a trademark without hiring an experienced trademark attorney, probably the most efficient method is to use an internet company to file your application. The cost is not too much, and you do not have to learn how to prepare and file the application yourself. Here at Revision Legal, we do not recommend using such companies, but your application and registration might turn out fine.
On the other hand, if you want to prepare and file your own application with the US Trademark Office, here is a brief explanation of the process. For this article, we will assume that you have already created your proposed trademark, that it meets the legal requirements for registration, and is not barred from being registered for any reasons set out in the Trademark Act or in judicial precedents.
The first step is to conduct a trademark clearance search. New trademarks cannot be the same as or confusingly similar to an existing trademark. So, you must conduct a search to clear that hurdle. This involves searching databases that contain existing, discontinued, and other trademarks. This includes all databases maintained at the state and federal levels. An internet search should also be conducted, and other searches if you want the most comprehensive search.
The next step is to prepare the application. Applications to register a trademark with the Federal Trademark Office are prepared and filed electronically through what is called the Trademark Electronic Application System (TEAS). You have four options in terms of the basis for your application. Most applicants are filing on the basis of either the first or second.
- Based on already-being-used in commerce
- Based on an intent-to-use the trademark in commerce
- Based on foreign filing
- Based on foreign registration
Depending on your filing basis, certain parts of the application will be filled out and other parts left blank.
The first part of the application is for information about the applicant. That section is mostly self-explanatory. The next section asks for information about your proposed trademark. With standard word/letter trademarks, you essentially type out the trademark. However, if there is a design or color aspect to the trademark, then a photo will need to be uploaded.
Next, you must select the class — and subclass — of the goods and/or services with which your proposed trademark will be associated. Every trademark is used with some product or service that is sold in interstate commerce. The trademark is only registered with respect to that class — or those classes — of goods or services.
If your trademark application is based on a currently-being-used trademark, then the most important part of your application is providing “specimens of use” that establish that the trademark has been and is being used in commerce AND the date on which use began. Both are important. Usually, these specimens of use are photos or other documents uploaded as PDF files.
To complete the application, the various filing fees must be paid, and the application must be signed by the applicant.
It is important to be vigilant with your application. If there are questions or additional information is needed, you will be contacted and must respond in a timely manner.
Contact the Trademark Attorneys at Revision Legal
For more information, contact the experienced Trademark Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.
