{"id":5040,"date":"2016-04-04T10:47:54","date_gmt":"2016-04-04T15:47:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/intellectual-property\/registering-a-trademark.html"},"modified":"2024-05-22T02:12:56","modified_gmt":"2024-05-22T07:12:56","slug":"registering-a-trademark","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/intellectual-property\/registering-a-trademark.html","title":{"rendered":"A Guide to Federal Trademark Registration"},"content":{"rendered":"\n
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A Guide to Federal Trademark Registration<\/h1>\n
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\n By Taylar-Simone McCants, J.D.<\/a> | Legally reviewed by Amber Sheppard, Esq.<\/a>\n | Last updated\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Your product or service’s name is crucial to your successful small business. Business owners can gain several significant legal protections a state registration does not provide once you register your mark as a registered trademark with the United States Patent and Trademark Office<\/a> (USPTO).<\/p>\r\n

There are a few types of trademarks based on what you are trying to protect. Whether you are trying to trademark your brand name logo or protect the name of a service you provide (service mark), you will want to ensure a seamless application process.<\/p>\r\n

Below is a step-by-step guide to applying for federal trademark registration.<\/p>\r\n

Determine If You Need a Trademark<\/h2>\r\n

The first step in the trademark registration process is deciding if you should register your mark<\/a> in the first place. There are many exclusive rights associated with getting registered<\/a>. Most importantly, you can file a lawsuit against anyone who uses your trademark without your permission, including counterfeits.<\/p>\r\n

You can register your mark with the secretary of state in the state(s) in which you operate. This will notify others of your legal rights to the mark in that state.<\/p>\r\n

A federal trademark allows you to use the "\u00ae" symbol beside your brand. This symbol helps to warn others against using it and that it is a federally registered trademark.<\/p>\r\n

You can also sell and license your brand to others, which can be lucrative.<\/p>\r\n

Perform a Trademark Search<\/h2>\r\n

This is the most important step in this process. Performing a trademark search is key to ensuring you aren’t stealing anyone else’s company name or likeness. Check if your trademark is already registered<\/a>. Use the USPTO’s Trademark Electronic Search System<\/a> to perform trademark searches.<\/p>\r\n

Having a similar name to established registered trademarks will cause trademark infringement issues. The name can be similar in sound, spelling, or even idea. For example, "The Three Amigos" may infringe on the trademark of "Los Tres Amigos" because three in Spanish is "tres." Examiners use the likelihood of confusion test<\/a> to determine if your mark would confuse consumers.<\/p>\r\n

You’ll want to perform a trademark search before you send in your application. Considering the complex search parameters, you should have an intellectual property attorney<\/a> do the search and analysis.<\/p>\r\n

If you find that someone already owns the trademark you want to use, you can ask the existing holder for permission to register yours. Before you do that, consult with an attorney specializing in intellectual property<\/a>.<\/p>\r\n

Identify the Correct Class of Goods and Services<\/h2>\r\n

Select the right class of goods or services for your trademark. The USPTO provides a list of the different classes<\/a> to guide you in choosing the right one. Make sure you choose all of the classes for your product or service. Each class requires its own fee.<\/p>\r\n

File a Federal Trademark Application<\/h2>\r\n

The most time-sensitive part of the trademark process is filing the federal trademark application<\/a>. The USPTO has an online system to file your application known as the Trademark Electronic Application System (TEAS)<\/a>.<\/p>\r\n

Remember, you must follow strict guidelines and fee requirements<\/a> to get your application approved. There are two application filing options: TEAS standard <\/a>and TEAS plus<\/a>.<\/p>\r\n

Your trademark application must include the following elements:<\/p>\r\n