How To Register a Trademark with the USPTO
Posted in Trademark Application. Jurisdiction: Federal
Obtaining a federal trademark registration can be a powerful tool in securing your rights in a particular mark. While it is recommended that you obtain the services of a trademark attorney, a little knowledge about the process may help you focus your efforts and increase your chances of success.
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Perform a TM SearchWhile technically not part of the application process, a trademark search will help you identify potential roadblocks for your application. Many attorneys and consultants provide trademark searches for a fee, and the cost of the search generally corresponds to the breadth and depth of the search. That said, a simple clearance search can often be done via the USPTO web site. If that search reveals no clear conflicts, it is still advisable to obtain a more thorough search to identify marks registered with various states, the internet, etc. While no search can be guaranteed to uncover all possible conflicting uses, a standard TM search will often identify the biggest concerns. 2
Prepare and Submit the Application to the USPTOThe application to register a mark with the USPTO requires applicants to submit owner information and a description of the goods/services associated with the mark. For marks already being used, evidence of the mark as used in commerce must also be submitted, along with the date the mark was first used. Finally, the application materials must be submitted to the USPTO along with the requisite filing fee, which ranges from $275-$375. Once submitted, the USPTO will often not take any action of the application for several months. Sometimes, the USPTO will require additional information, evidence of use, disclaimers, etc. Once all USPTO requests are satisfied, and assuming all other requirements have been met and there are no similar marks already registered, the USPTO will publish the mark for opposition. If no one opposes the registration of the mark within the 30-day opposition period, the USPTO process is essentially over and the USPTO will mail a Registration Certificate. Additional ResourcesNOTE - Additional fees and procedures may apply if the mark was not in use at the time the application was filed, if the application is opposed, or if the USPTO refuses to register and the applicant appeals that decision, etc. Trademark registrations can be renewed indefinitely, provided the mark remains in use. The owner will need to renew the mark between the 5th & 6th year after the date of registration, and then on the 10th anniversary of the registration date thereafter.
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