What’s a trademark ? How to get a trademark in USA ?

What is a trademark?

A trademark is a symbol, word, design, phrase or a combination of all of these which is used to identify and distinguish the source of an item manufactured by one company from others.

How to get a trademark in USA?

The reason for getting a trademark is much similar to the patent. However, getting a trademark for a company or a product will establish its presence in the global market. Any customer can easily trust if the product is trademarked that it is created by a reputed company.

Here is a list of processes one needs to follow in order to get your product trademarked.

1. Create a unique logo

Create a unique symbol, word, name or design or a combination of any of these and use this as a trademark symbol for your product while selling in the market. Choose such a symbol that remains everlasting in your customer’s mind. If the symbol is pretty simple and relevant to the product, then it is very easy to remember. For example, if your product is coconut oil bottle, then a trademark symbol of drop of oil or a coconut can be a trademark. You need to have a creative designer designated to find a unique everlasting symbol for your product as trademark.

2. Hire attorney if needed

An attorney can guide you through the process of filing a trademark and take care of any legal matters that come along the way.

3. Research

You cannot file a trademark that is filed by someone else. Hence, make sure that you search the entire database for any existing trademarks. If there are not any, then you are allowed to use the one you have come up with. Trademarked symbols can be searched on Google search, USPTO (US Patent and Trademark) websites. Searching for duplicates is free of cost and easily accessible to anyone.

4. Finalize the trademark symbol

A professional design or a symbol is very much essential in order to continue with the further process. This drawing should be an exact picture that will be later printed on every instance of your product.

5. Registering trademark

Rules and regulations vary from country to country. In US you can follow the registration process encouraged by US Patent and Trademark Office (USPTO).

• Create an online application form for the trademark registration request submission
• You must have all the necessary documents for filing online
• Submit the trademark request
• Regularly check for the status

6. Use the trademark symbol on the trademarked product

Every trademark should be designated by “TM” when you advertise, publicize or during a press release your trademarked products.

7. Wait until you hear the registration is official

You need to have some patience before your trademarked symbol is approved. USPTO will approve or denies your application filed. You will receive a confirmation letter in a couple of days of the decision. If there is any minor corrections or additional documents needed for processing, then you have to send all the necessary documents to USPTO.

8. Decision and next process

USPTO will publish the trademark. After a 30 days of wait period to see if someone raises any objections, the USPTO issues a registration certificate to the product owner. Product owner can now use the trademark and file a use or extension request. USPTO reviews the use request and issues the registration certificate. The status is constantly monitored and reviewed.

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