Trademarks

Trademarks are used to identify your product.  It is a word, phrase, or picture that connects you or your company to the goods or services you provide.  It helps distinguish you from others and can help prevent fraud or deception. Technically service mark is the term used for services but trademark is the general term for both.

As soon as you start using your logo or phrase, you have established your rights to use it.  That is why in trademark disputes one of the first questions is when and how did you start using it.

You don’t need to register the trademark but to increase your rights to the slogan or sign, registration is strongly suggested.  You will have more protection against others using it.  It may seem silly at the outset of your business, but if you become a success or simply expand to online, it can be invaluable.  If you go through the process to federally register the data, you will have nationwide rights as opposed to local or limited.

Once you establish your trademark, you can use a symbol:  TM for goods or SM for services.  This is even before you file the application.  Once you have filed the paperwork and the trademark is registered, you get to use an R with a circle around it (®).  Until the registration is approved, you can’t use that little R.

Using the name gives you some protection but only if you can prove that you were the first to use that designation in the particular industry (class) and will generally only apply in a limited area.  If someone else tries to steal your description or designation or has unknowingly started to use it, you will have a better chance of winning if you are trademarked.  Also, if you expand to other countries, a trademark makes international business a bit simpler.

Of course, there is an application process.  You can even do it online.  Just because you file an application, doesn’t mean you automatically get the approval.

Cost?  Well, it can be as low as $250 but that is for the basic.  The filing fee is nonrefundable.  That means even if you are denied, the government gets to keep your money.  If you are filing for different classifications, expect to pay more, or you hire a lawyer, expect to pay a lot more.

Start by searching to see if your proposed trademark is currently in use by anyone.  Using the online Trademark Electronic Search System (TESS) you can see if anything is already out there.  Be sure to try variations like if you are “Smith Sales” look for “Smith’s Sales” or “Sales by Smith” or “Buy from Smith”.

Completing the application will take some effort.  You will need to note the name, any characters or animations, colors, fonts, etc.  Of course, you will need details on the products or services.  If you are filing for multiple classes, each one will need to be included.  Send in the application and the fee.

You should receive a receipt with an identifying number.  The application goes to a patent attorney for review.  If there are issues, you will receive notification and then have six months to clear them up.  If there are no issues, or everything is okay, the application is approved.  But, wait!  It is not over yet.

Then the application is published in an online journal to allow any objections or opposition.  This can take several months.  If there is opposition, then attorneys will be necessary to defend your trademark claim.

If you finally get your trademark, you will need to file specific documents to maintain the trademark including annual filings.  If you don’t, you lose your rights to it.  So, if the trademark expires or is cancelled, it is now fair game for anyone else.  Even if you do all the right things, you need to check periodically, at least annually, to see that no one has encroached on your trademark.

Now you know.