Call us: 800-507-1622

How to Register a Trademark


LD Staff Writer

Trademarking the domain name and logo for your online business is an important step in protecting your business’s identity, stopping anyone who can potentially harm your company and its reputation. The following is a general outline of steps to take in order to complete this process.

STEP #1: Do Your Research

Before registering your domain name and logo, conduct a search to find any trademarks that conflict with the business name. Go to the United States Patent and Trademark Office website to do this search (1).

STEP #2: Prepare

So, you found out your business name and logo haven’t been taken already. Hallelujah! Now it’s time to sit down and write up a goods and services description. Include as much detail as possible, including type of services and goods, how it is marketed and sold, and its relation to the trademark being sought (2).

STEP #3: Apply

Next, you will need to fill out an application. Before you go about this step, identify what basis is required for filing – either “use in commerce” or “intent to use” (learn more about the difference here). The basic difference between these two filing bases is whether or not you have started to use the logo and domain name on all the goods/services identified in your application.

If you have, you would file under “use in commerce,” along with providing the date of first use, a drawing or image of the logo, and examples showing how you use the logo in commerce. If you have not yet started using your domain name and logo, but intend to use it in the future, your basis would be the “intent to use,” requiring an additional form and fee prior to registration.

You can select which basis to file under through one of two forms: a TEAS Plus application, or a “regular” TEAS application.

The TEAS Plus application – This form has a lower filing fee of $275 per class of goods and/or services, but has stricter requirements than the TEAS form. See here for more details.

The TEAS application – This form has a filing fee of $325 per class of goods and/or services, if you cannot satisfy the TEAS Plus requirements above.

After completing the form, mail or hand deliver the application to the USPTO at the following address:

Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451

You can also find and file these applications at USPTO’s Trademark Electronic Application System. It’s wise to note that the processing fees are non-refundable, even if you do not ultimately receive a registration for your mark (4).

Once your application and all necessary forms are completed and submitted, have patience! It can take up to four months after you file for the PTO to review and determine whether or not it can register the trademark (1).

STEP #4: Time to Pay Up

Sometimes it costs money to save money. Going through this process ensures that you can avoid any legal battles in the future. To get an idea of how much this will add up to, you can view a complete list of the most current trademark fees here.

For a general idea, the filing fee for your application will be based on the following:

  1. Number of marks – Only one mark may be filed per application. If you have multiple marks, they require separate applications, each with their own filing fee.
  2. Number of classes – You must pay for each class of goods and/or services in the application.
  3. Version of the form being used – The application filing fee for the TEAS Plus version of the form is $275 per class of goods and/or services, while the regular TEAS form is $325 per class (4).

Again, the fees are non-refundable. Should you decide to go with a trademark attorney, expect your costs to range anywhere between $1200 to $5000+ (3).

STEP #5: Protect The Name

For instant recognition of your trademark rights, you can attach the TM or SM symbols to your logo and domain name. It is not necessary to register your trademark to use these symbols, but in order to use the ® symbol you will need the federal stamp of approval (1).

 

RESOURCES:

1.) http://www.allbusiness.com/technology/internet-domain-names/683-1.html
2.) http://smallbusiness.chron.com/trademark-name-logo-3212.html
3.) http://www.registeringatrademark.com/trademark-requirements.shtml
4.) http://www.uspto.gov/trademarks/index.jsp

Want to learn more?

[su_button url=”https://longerdays.com/2018/01/01/take-a-tour-of-our-features/” target=”blank” style=”flat” background=”#2F6690″ size=”10″ center=”yes” radius=”6″]Take a tour of our features![/su_button]