Filing for a trademark can protect your brand. To register a trademark with the U.S. Patent and Trademark Office (USPTO), you will need to fill out and submit a trademark application. You can do this online, using the Trademark Electronic Application System (TEAS), an online trademark filing service, or you can submit a paper application. Although filing a trademark application can be complex, with careful attention to detail and proper research, it is possible to file the application on your own. However, hiring an attorney can ensure your application is accurately filed and adequately protected. Trademarks provide extensive benefits and protection, making the investment worthwhile.
Do You Need a Trademark?
What would you like to protect? Getting a trademark can help protect your intellectual property, enhance your marketing efforts and give your business additional credibility. A trademark lets your business use a particular word, name, or phrase to distinguish your goods or services. Learn more about how to get a trademark and whether you should do it on your own or get support.
Sometimes filing for a trademark is not warranted. There are instances when the best way to protect yourself is to avoid filing a trademark application. With trademarks, the process can be completed online pretty easily, even if you do it yourself without hiring an attorney. The USPTO provides great self-help and a manageable online interview.
Trademark Application Requirements
Filing your trademark application involves several requirements: The trademark itself is at the core. You should file an application with the USPTO to register a name, phrase, design, or sound. The USPTO accepts applications for:
- Standard characters
- Special form
- Logos or stylized names and designs.
When you file, you’ll provide a drawing and a specimen connecting your mark to the product or service. For example, JMS on a phone you created. You need to search and ensure no conflicting marks exist on the Trademark Electronic Search System (TESS).
Considerations Before Filing
Although not straightforward, there are techniques to simplify filing a trademark. First, consider whether you need one. Using a company name immediately confers some protection, but a registered trademark allows you to file an infringement action if someone steals your name.