You already have some trademark protection if you're using a name or logo to identify your business, but registering a trademark with the U.S. Patent and Trademark Office guarantees protection. Businesses can use the ™ mark before and when they apply for trademarks. When a trademark is granted, your business will use the ® symbol.
Steps to Registering a Trademark
Registering a trademark with the federal and state governments can be accomplished in a few steps.
Conduct a Search. You'll need to find out if other businesses are using the name and any symbols you want to trademark. First, conduct an online search. Then, check with the government office that maintains registration of trademarks and service marks in your state. You’ll also want to use the U.S. Patent and Trademark Office's Trademark Electronic Search System Decide whether to register a trademark with your state.
State registration will protect your trademark within the state, meaning you can sue for trademark infringement in state courts. Check with the secretary of state’s office for registration procedures and fees. To receive a national trademark, you'll need to register for a trademark with the U.S. Patent and Trademark Office.
Register for a trademark with the federal government online. You can register for a trademark online through the U.S. Patent and Trademark Office's Trademark Electronic Application System. Read the "Where Do I Start?" section before beginning your application. You can also renew trademark applications on the Web site.
Principal or Supplemental Registration? You'll need to apply either for your trademark to be listed on the principal register or the supplemental register. Most businesses are familiar with the principal register, which grants full trademark protection. You may want to apply for supplemental registration if you think your brand requires secondary meaning.
This means that your brand may not be distinguishable simply by its name, logo or other symbols. The supplemental register also grants trademark protection, but it not as strongly protected as trademarks listed on the principal register. Your trademark can move to the principal register after five years on the supplemental register.
Pay Any Application Fees. Federal trademark application fees are nonrefundable, even if your application is rejected. The principal register fee is $275 to $325 and higher, depending on what form you use and how many classes your registration covers. If you are applying to be listed on the supplemental register, you will pay $325 per class of goods and/or services. You will have to pay an additional fee and file a separate form if you register a trademark that is not being used currently for commerce and will only be used in the future.
Your business’ name, logo or other unique identifying marks are your company’s true calling card, so it’s important to protect these vital assets, especially as businesses migrate online. While not all questions require legal advice, you may want to seek professional guidance from an experienced trademark attorney.
