US Trademark
Registration

A trademark is defined by the U.S. Patent and Trademark office as "a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others."

US Trademark Registration provides notice to the public of an ownership interest in the mark, and requires permission of the owner for use by a third party. If your business has a distinctive symbol, name or phrase to identify or describe your goods, registering your mark should be done.

Searching the Mark

The first step to register a US trademark, before even filing an application, is to search for your mark among the registered trademarks of the USPTO. You can make a trip to Alexandria Virginia to search at the Trademark Public Search Library during normal business hours. There are also regional libraries that have the database electronically stored.

An easier method is probably the TESS system, or the Trademark Electronic Search System. The system is free to use. Words and phrases are searchable via a word search, designs are stored via design code.

If you find a similar mark, you will need to compare the goods or services offered by the owner of the similar mark, to determine if there could be a confusion of the goods/services of the other owner.

Applying for a Trademark

Applications may be filed online using the TESS system, but a U.S. trademark attorney is recommended.

The application must be complete to be processed. The minimum requirements are the following:

  • the name of the applicant, whether an individual, corporation, partnership or other business entity. If a corporation, the address of the corporation and its state of incorporation must be given. If a partnership, the address of each general partner must be listed.
  • a name and mailing address of a contact person;
  • a clear drawing or graphic design of the trademark or service mark. If colors are used, the color as a part of the design must be stated. (Colors, fonts or typesets themselves cannot be trademarked. In other words, you cannot trademark the color Blue).
  • a listing and classification of the goods and/or services to be covered by the mark. This is the most complicated step. Identification of goods and/or services must be specific to clearly identify the nature of the goods and/or services. The Goods and Services Manual may be used for reference purposes.
  • a filing fee for at least one class of goods or services.

The application may be filed online, via hand delivery or regular mail, but not via fax. An attorney is nor required, but it is advisable to retain an attorney experienced in Trademark matters. Only a licensed attorney can represent you before the USPTO. The attorney must be licensed and in good standing in at least one state.

After Filing the Application

Filing online, you will receive a receipt with an application serial number to use for future correspondence, and checking the status of the application. The USPTO will process applications in the order they are received.

The application will be reviewed by a trademark attorney employed by the agency. You can review the status of the application online. Normally, the application process can last for 3 months or longer, depending on the resources available, the backlog if any, and other factors. Some applications can take years. If the application is denied, the USPTO provides an appeal process.

If accepted, the trademark will be registered with the USPTPO and you will be provided with a registration number. The registered owner will need to file an Affidavit of Use after 5 years, and before the end of every 10 year period.