An Overview Of The Trademarking Process

By Business Editor

A trademark is utilized by many organizations to ensure that their goods or services have their own unique identification ...

The basic idea of a trademark is to ensure that your unique intellectual property can be easily identified as belonging to you and remain distinguished from another entity that is not part of your business.

A trademark, therefore, is a distinct mark which comes in different forms (words, phrases, symbols, tone, colors and sounds). It is utilized by many organizations to ensure that their goods or services have their own unique identification.

Types of Marks

Trademark is often used as a general term. However, there are two main types of trademarks:

Trademarks

This term is employed by the owners for identification of physical merchandise which is either personally manufactured or produced by the owner an usually sold through the various normal sales and distribution channels. TM is the symbol used for trademarks.

Service marks

This term is employed by the owners for identification of the services they offer. These services can either be purchased or obtained for free. The symbol used for service marks is SM.

The Need for a Trademark

There are many advantages to having a trademark of your own. There are many benefits of having a trademark registered. These include the following:

  • Once your trademark is registered you will have a proof of ownership of the mark.
  • Years after registration (the number of years depend on the state you are located and have registered your trademark in) your mark may be indisputable. It will then be an irrefutable proof of authority and rights.
  • A registered trademark may be utilized as a supporting document if you intend to obtain business registration in other locations.

Verification of Trademark

Once you have carefully thought over the many advantages that will be brought to you by registering trademarks, then the next step would be register it. However, before you undertake trademark registration, you need to verify that your trademark is indeed unique.

The internet is a good venue to search existing trademarks. You have to be careful on the verification of your trademark because no two organizations should have the same mark. The first organization who obtains rights for a specific trademark may take legal action towards an organization that uses a trademarked entity.

It is also highly recommended that you hire a trademark lawyer so he or she can conduct a thorough search of the trademark you wish to register. You don't want to go through the entire trademark registration process only to have your application be rejected later because you failed to do a thorough search of existing registered trademarks that could be found to be similar or identical to your proposed one.

Trademark Registration

Once you decide to register your trademark, there are some necessary steps to follow in order to obtain a properly registered trademark.

1. You need to obtain a copy of the correct application form. Once you have the application form, it needs to be filled out correctly. Then, it needs to be submitted as a hard copy or in electronic format.

2. You must be prepared to pay an application fee.

3. Don't forget to set up the “drawing or specimen” to be registered. A drawing is a page which represents the mark you want to register. On the other hand, a specimen is a trademark you wish to register that will be utilized for business purposes.

The approval of your trademark registration entails different factors. If you submit an incomplete trademark application, then a serial number will be assigned to the submitted registration with a sent receipt to the applicant.

When you have submitted every necessary requirement, then the evaluating agency will undertake a comprehensive review of your application. If the lawyer who examines the “mark” finds flaws with it, he or she will send you a notice informing you of the grounds why it cannot be registered. Otherwise, if your application as well as your “mark” is acceptable then the lawyer will approve the publication of your trademark.

The development of your company or organization depends on many factors. One such factor is having a trademark you can call your own. By having this, you will be able to find ways to properly and strategically market and brand your goods or services with the help of your trademark.

Your trademark has its own identity which sets it apart from other trademarks. Your trademark not only informs the world of its uniqueness, but, more importantly, the trademark signifies you may own a valuable asset that can set your business and products apart from every other business or product in the marketplace.

Next article: A Brief Look At Registering Your Business Trademark

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Recommended Trademarking Resources

A Trademark Guide for Entrepreneurs - A Trademark Guide for Entrepreneurs provides the information business executives need to know about protecting their most valuable assets - their trade names, trademarks and service marks. In easy-to-follow language, Robert E. Lee explains how to register trademarks and trade names with both state and federal offices, police the marketplace for possible infringers and successfully exploit the marks through assignments, licenses, franchises and joint ventures. Most importantly, A Trademark Guide for Entrepreneurs teaches the corporate officer, director or manager how to select and use effective trademarks that will stand out in over-crowded market areas, thereby increasing market share and profit potential.

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How to Register Your Own Trademark: With Forms How to Register Your Own Trademark: With Forms

Author: Warda, Mark. Number of Pages: 248. Published On: 2004/05/01. Language: ENGLISH.

While nearly everyone has created some work that deserves copyright protection, few people know the process for registering and protecting their products or ideas. Similarly, a trademark that has been registered accurately is the most valuable asset a company can have.

The information contained in this book makes it easy to register work and business trademarks accurately. Contents include: Addresses and phone numbers for easy registration in each state; Instructions for preparing the necessary forms; Explanations of the different types of registrations available for trademarks; Legal Reference / Law Profession.

How to Register Your Own Trademark: With Forms


For more information about Trademarking-related resources, see our Business resources section, subscribe to our Business Newsletter containing news, updates and insider tips, or go to more articles about Development Search Trademark.

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