Registering a Trademark: The Basics

by Curt Hamilton
President

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Clients ask about this all the time. Here’s the basic approach:

The first step is to make sure the mark you wish to register is not already registered. You may conduct a search online for free via the TESS (Trademark Electronic Search System definition) database. If your mark includes a design element, you will need to search it by using a design code after consulting the online Design Search Code Manual.

Once you have determined that the chosen trademark is not already taken, you will need to draft a description of goods and/or services with which the mark is used or will be used.

Another consideration is the depiction of your mark. Every application must include a clear representation of the mark definition you want to register. There are two possible mark formats: (1) standard character format definition; or (2) stylized definition or design format. The standard character format should be used to register word(s), letter(s), number(s) or any combination thereof, without claim to any particular font style, size, or color, and absent any design element. Registration of a mark in the standard character format will provide broad rights, namely use in any manner of presentation. The stylized or design format, on the other hand, is appropriate if you wish to register a mark with a design element or word(s) or letter(s) having a particular stylized appearance that you wish to protect. The two types of mark formats cannot be mixed in one mark; do not submit a representation of a mark that attempts to combine a standard character format and a stylized or design format.

Filing a Trademark Application

You may file your trademark application online using TEAS e Biz - the Trademark Electronic Application System. TEAS allows you to fill out an application form and check it for completeness, and then submit the application directly to the USPTO over the internet. You can pay by credit card, through an existing USPTO deposit account, or via electronic funds transfer.

You may also contact the Trademark Assistance Center at 1-800-786-9199 for a hard copy of the Basic Facts brochure, or a paper form. Paper forms are not processed as quickly as those submitted electronically, however.

And before you do all this, call Design Design to make sure your registering a good mark!

You can register your trademark online at http://www.uspto.gov/main/trademarks.htm