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Trademarks

How to Effectively Trademark My Brand Registered in the US?

Trademarks are an important tool, which protects a brand's identity and products. It is important to protect your brand's identity in such a saturated market as the US. Trademarks protect the Intellectual Property of the business such as the brand name and getting this protection is generally the first step in the process of building a reputable brand. Here is a guide on how to trademark your brand name on your own in the US.

A trademark registered in US, according to the United States Patent and Trademark Office (USPTO), is “a term, phrase, symbol, and/or design that identifies and distinguishes the source of one party’s goods from those of the others.” It’s a legal safeguard that allows you to sue a company if they misrepresent your brand or use it without your permission.

Step to Trademark Your Company Name

Registering a trademark with USPTO is a simple process with only three steps. Each step plays an important role in the trademarking process and provides valuable information about Trademark brand registered in the  US. 

The first step of the trademarking process is:

Search 

The first step in registering a trademark with USPTO without the use of an attorney is to ensure that your brand name is not in conflict with a pre-existing trademark. This can be done through USPTO’s search system, that is Trademark Electronic Search System (TEAS). TEAS acts as a search engine for the federal database of registered in US trademarks. It is important to check for conflicts with pre-existing trademarks using TEAS. This search includes searching for the same name and similar ones that may be too similar to be deemed as different. A brand name similar to a pre-existing trademark may lead to your application being denied by USPTO. 

You can check trademark search with Vakilsearch’s free trademark search tool before registering a trademark.

The complex part of this step is determining what pre-existing trademarked name seems too similar to the chosen brand name. Apart from similar names, names carrying similar meanings may also be used as a ground for rejecting the trademark application. Therefore, hiring a professional who can do this task diligently is advised. Vakilsearch can help you with the cheapest way to file a trademark application in the United States. Vakilsearch will do trademark research, select trademark classes, prepare the application and the required documents, and apply and monitor the examination – publication – registration process.

Secure your brand’s uniqueness with Vakilsearch’s trademark registration services. Our expert guidance ensures legal protection, safeguarding your brand’s identity and reputation effectively.

Apply

After ensuring no conflict with a pre-existing trademark, the next step includes applying for the trademark with USPTO. The application can contain a brand name already being used by the applicant or a name that the applicant intends to use in the future. 

Every trademark application must contain the following things:

  • Applicant’s name and address
  • Applicant’s citizenship and legal entity
  • Address for future correspondence  
  • Drawing of the desired mark (is only applying a name, no need to include the design)
  • Description of the mark
  • A specific list of the Goods & Services in the trademark application
  • Class of Goods & Services that your product falls under
  • Example of the mark in use as well as the date it was first used 
  • A dated signature of the representative
  • The relevant fee for the type and number of classes included in the application (available at USPTO’s website).

File

After an application is filed with USPTO, which includes all the things mentioned above, the last step in trademarking involves applying with USPTO. This includes choosing between 2 filing options available with USPTO: TEAS Plus and TEAS Standard. The difference between these options is $100. TEAS Standard is cheaper than TEAS Plus but has a complicated registration process with higher chances of application rejection. 

TEAS Plus has a more streamlined process as it can only be used for a list of pre-approved classes of goods & services, which makes it easier for USPTO to check and register. However, TEAS Standard should be used if a custom description of goods & services is required for the trademark application.

After choosing the appropriate method of filing the application and filing the application, USPTO will send a confirmation receipt. This receipt is important as it contains a serial number that can be used to get updates regarding the application status on the Trademark Status & Document Retrieval (TSDR) portal. 

Why Trademark?

While it isn’t necessary to trademark your brand’s name to get rights and protection Registered in the US, it is advised to trademark it. Without a trademark, using a brand name only grants the company common law rights. These common law rights are nothing compared to those granted through a federal trademark. Trademarking your brand name gives you exclusive ownership of the mark. Common law rights only protect a specific geographic area where the company operates. Still, a federal trademark registers the trademark in USPTO’s federal database.

In summary, the first step is to use the TESS software and ensure no conflict. The second step is to prepare the application and include the necessary information. The final step includes filing the application to USPTO, which will review, approve and register the trademark.

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