![]() Search the USPTO database to determine if similar words, designs, goods or services you are seeking to trademark are already in use.Once you’ve chosen a potential trademark, you’ll need to do some research and decide how you want your mark to be protected. Getting a trademark is broken down into several steps: Step 1: Identify Your Trademark A series of stages are involved, and the USPTO tells applicants to be prepared to wait 12 to 18 months for a decision. Be prepared for a lengthy wait for approval. While obtaining a trademark used to be a paper-filled undertaking, the U.S Patent and Trademark Office has thankfully streamlined the process by taking it online. For example, “Delta” is a name brand for both an airline and a faucet. ![]() Other companies can still use your mark for other types of goods or services. Trademarks are extremely specific–your mark will only apply to the type, or “class” of goods or services for which you seek protection. Plan to spend a good deal of time searching the USPTO website for any trademarks in use that may be considered similar to yours. Avoid generic descriptions of your product or service–the more distinct your proposed mark is, the better odds that the application will be approved. When considering a trademark, focus on what you are offering, why it’s different and what makes it stand out. To get federal trademark protection, your mark must be distinctive and not likely to be confused with an existing trademark. Any mark that is already in use, or is too similar to a mark already in use.Hasbro received a Play-Doh scent trademark in 2018) Color combinations or schemes ( like the brown of a UPS truck).Product names and nicknames (for example, both Coca-Cola and Coke are marked).While copyrights protect original authored works, such as a song, novel, work of art or database, upon their creation, trademarks offer protection for items of intellectual property that help define a brand. Gives you the right to use the registered trademark symbol, ®.Can be used to stop the importation of goods that infringe your mark.Makes it easier to register your mark in other countries.Gives you the right to sue in federal court if someone infringes your mark.Prevents other people from registering trademarks that are deceptively similar to yours.Creates a public record of your trademark ownership.But the strongest and most far-reaching trademark protection comes from registering your mark with the USPTO. You can get statewide trademark protection by registering your trademark with your state. Simply using a name, logo or slogan in your business gives it some level of trademark protection, though these “common law” trademarks are hard to enforce and apply only in your immediate locality. A trademark gives you the exclusive right to use your mark and helps prevent competitors from using a mark that’s the same as or very similar to yours. A trademark is used for goods, while a service mark is used for services. Patent and Trademark Office, a trademark is “a word, phrase, symbol or design that identifies your goods and services” and distinguishes your brand from competitors. On 's Website What is a Trademark?Īccording to the U.S.
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