Registered Trademark Symbol
It's a typical misapprehension that names are patented. While handled by the USA Patent and Trademark Job, the actual operation for registering names is called either a trademark or a function objective. Patents are for objects, ideas or processes. The next article walks you terminated the steps for securing a trademark for your agname.
Instructions
1. Cinch what you entail. Trademarks are used to differentiate the products a collection makes from products untrue by another firm. A overhaul purpose is used when a business provides a supply and to differentiate that servicing from what another convention provides. But, a label can be either trademarked or servicing striking, depending on what your needs are. Provided you own a product to sell, you'll committal a trademark. Provided you are a provider of some compassionate of supply, then you'll extremity a utility speck.
2. Choose the autonym you'd agnate to trademark. Cook up your eponym memorable and basic to call up, and facile to spell, nevertheless not a banal tete-a-tete. Further, fling not to select a flag that may alter to a verb...the Xerox corporation is a prime citation. There are big copier manufacturers in the marketplace, nevertheless no episode what the Trade-mark brand...the handle that was trademarked...nine times away of ten, someone Testament break silence they are "Xeroxing a write." The trademark has away eventually be a verb for forming a draw up. Although this does speak to the domination of Xerox in the market, it dilutes the name when it is no longer associated solely with the original manufacturer, but with the action of the product.
3. Search for a similar name. You'll need to know if the name you've chosen is already trademarked or if something similar exists. You can do a preliminary search yourself to determine if your name is already in use at the USA Patent and Trademark Office website, www.uspto.gov (link below), by doing a Google search for similar names and if you're planning on creating a website associated with this name, search the "Who Is" database of registered domain names (see link below). Some are software generated programs based on your input, with no attorney review done at all. It may seem like a savings up front, but in the long run you run the risk of your application being rejected, trademark infringement if your name is similar to another registered mark, or if you need legal representation for trademark litigation in the future if someone infringes on your trade or service mark. It may seem complicated, but a good firm that specializes in trademark law can make it a painless process.5.
An excellent resource is to contact your state bar association. They can provide a wealth of information. The USPTO offers a listing of registered trademark attorneys on their website further.
There are online do-it-yourself trademark filing sites, or extremely low cost online attorney sites, but with those you run the risk of not getting a complete search done for your name. Make a list of several names in case your first choice is not available.4. Finding a trademark attorney is the next step. You can look in the phone book, do a search on Google for your area, or ask for recommendations from other business owners.
Determine your class of service next. Trademark application filing fees range from $275 to $375, depending on the classes of service chosen and the method of filing of the application. These are the things an attorney can help you sort out. The application fee will not be refunded if the application is not approved, so using an attorney is again a wise choice.
There are 45 classes of service, which determine where the trademark falls. For instance, class 14 refers to jewelry; class 18 refers to leather goods. If you make leather jewelry, an attorney can determine if you need to file in two classes of service.
6. Set up alerts on Google after your trademark is registered, for your name and any similar names or products, to keep tabs on competition and any possible trademark infringement. This is where a good attorney comes into play; if you find someone using your trademark or something similar, they can help you with determining if a cease and desist letter is needed, or if any litigation is necessary.
