Why You Need To Register Your Trademark At The US Patent and Trademark Office

If you are thinking of starting a new business, you need a strategy in place to help make your products sell. Your new company should have a trademark in order to have a unique identity in the marketplace. By having your own company trademark, you will be able to get your products known to consumers and if you do have a great product to sell, you will definitely make a big name for your company.

For example, in the sports apparel business, you will see different T-shirt, shoes, and other sports apparel product designs with a company trademark sewn or printed on the product. Each company trademark is unique and stands out from other trademark symbols. So, if you want to start your own business, you have to think of a trademark symbol that will stand out from the rest of the same products you plan on selling in order for people to notice it.

However, you just don’t think of a unique design, then have it printed on your products right away. You first need to apply for trademark registration first in order to have exclusive rights for your company to use the trademark and make it illegal for other people or companies to use your trademark in their products without your permission. This is a way to protect your product from piracy. You have to consider that trademarks are also represented in the intellectual property law where a company or a person does not have the right to use a registered trademark in their own products without the proper authorization of the company who owns the registered trademark symbol.

Although it is not required by law to register your trademark symbol, registering it will give you a lot of advantages. The first advantage of registering your trademark symbol is that you will have legitimate ownership of the trademark. The second advantage is that when a company uses your registered trademark without your authorization, you will have a stronger case in court when claiming your trademark and asking for damage fees. It will also serve as a basis to obtain registration in foreign countries, which will make the registration process faster.

If you noticed that there are different signs at the end of the trademark symbol, usually TM, SM and "R" inside a circle, you have to know the differences between these three. At any time you want to claim a mark, you can use the TM or SM designation to alert the public that you already claimed the mark, even if you haven’t filed an application with the trademark office yet. However, the use of the R enclosed in a circle, meaning that it's already registered, should only be used when the mark has already been registered with the trademark office.

You can file a trademark registration application with the US Patent and Trademark Office or the USPTO. To do this, you must meet certain standards set by the US Patent and Trademark Office in order to get your mark registered.

Please be aware that that the application process can take a long time. First, you must fill out a form for trademark registration application and submit it at the USPTO. It is important that the application form should contain all the necessary information asked which will include your name, address, and even a detailed drawing and description of your mark. You will also include an application fee.

If the application is approved, the next step is having it examined by a USPTO authorized examiner. The examiner will be responsible for finding out if there is another mark already registered the same as your trademark. It will take some time for the results to come out and for the research to determine whether or not there is a similar mark existing in the USPTO registration and trademark database. If not, chances are good that your mark will be approved.

The next step is publishing your mark for two months in a trademark journal. If no one opposes your trademark, it will no longer be a "pending" trademark. Instead, it will be a registered trademark.

Next article: An Overview Of Trademark Registration - The US Patent And Trademark Office

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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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Patent Copyright and Trademark An Intellectual Property Desk Reference (8th Edition) (Paperback (Trade Paper))

Patent Copyright and Trademark An Intellectual Property Desk Reference (8th Edition) (Paperback (Trade Paper)) Patent Copyright and Trademark An Intellectual Property Desk Reference (8th Edition) Written for programmers, publishers, writers, musicians, inventors and others who need to understand the terminology of intellectual property law, this bestseller provides: an overview of patent, copyright, trademark and trade secret law, straightforward explanations of the scope of protection each device offers, clear, concise definitions of the terminology in use with contextual examples, cutting-edge definitions of new terms spawned by the Internet, sample non-disclosure agreements and patent, copyright and trademark 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 US Patent Office Trademark.

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