How to Register a Trademark
How to Register a Trademark
Is it required that I register my trademark?
No, not at all. However, registering your trademark, specifically your Federal trademark, does provide you with several advantages:
• The right to use the circle-R symbol as notice to the public about your Federal trademark
• The exclusive rights to the name within your industry across the country
• Establishing brand identity
But what if someone else already came up with that name?
While the name may be unique and distinctive to you, there is a possibility that another party already has prior trademark or common-law rights to the name for your industry. Only comprehensive research will tell you if the name is truly available. This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.
Ok, so the name is clear; now what?
To register your trademark, you have 2 options – file for a Federal or a State trademark. If you are only going to sell your product or services in 1 state, then a State trademark is the way to go. If you are OR will be selling your products or services in at least 2 states, then you're able to file for a Federal trademark.
While anyone has the ability to go online to access these forms, it's strongly recommended to hire a private company or an attorney for the preparation and/or filing of the trademark application. To ensure a successful filing, it's best to leave it in the hands of those with experience.
You found the perfect name – now, make sure it's truly yours!
How to Register a Trademark - To learn more about this author, visit Shannon Moore's Website.
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So, you finally settled on the perfect name for your product or service – it describes the business without being overly descriptive, it tells your customers exactly what you want them to know and it's catchy. That's fantastic! Finding just the right name is vitally important to the success of any product line or service.
Is it required that I register my trademark?
No, not at all. However, registering your trademark, specifically your Federal trademark, does provide you with several advantages:
• The right to use the circle-R symbol as notice to the public about your Federal trademark
• The exclusive rights to the name within your industry across the country
• Establishing brand identity
But what if someone else already came up with that name?
While the name may be unique and distinctive to you, there is a possibility that another party already has prior trademark or common-law rights to the name for your industry. Only comprehensive research will tell you if the name is truly available. This entails searching the pending & registered Federal and State trademark files as well as the US National Common-Law files. Then, if clear, you can decide if you would like to file for a Federal or a State trademark.
Ok, so the name is clear; now what?
To register your trademark, you have 2 options – file for a Federal or a State trademark. If you are only going to sell your product or services in 1 state, then a State trademark is the way to go. If you are OR will be selling your products or services in at least 2 states, then you're able to file for a Federal trademark.
While anyone has the ability to go online to access these forms, it's strongly recommended to hire a private company or an attorney for the preparation and/or filing of the trademark application. To ensure a successful filing, it's best to leave it in the hands of those with experience.
You found the perfect name – now, make sure it's truly yours!
How to Register a Trademark - To learn more about this author, visit Shannon Moore's Website.
Like this article? Share it with your friends
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TradeMark Express - Shannon Moore is the General Manager for Trademark Express. Since 1992, we've helped clients with their trademark needs. This includes free general trademark consultations, comprehensive research and expert analysis of complex trade name searches & trademark application preparation and filing.
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