How to Apply for a Business Trademark or Brandmark Nationally
The first step to protecting the intellectual property your business has created is filing a trademark for your brand name or a brandmark for your company’s logo. There are multiple types of wordmarks and brandmarks, which can be registered with the United States Patent and Trademark Office (USPTO). Counsel of an experienced business attorney to choose the right type of intellectual property protection is crucial to support your business growth.
What is a Trademark?
The United US patent and Trademark Office (USPTO) defines a trademark as “a recognizable insignia, word, phrase, symbol, and/or design that identifies and distinguishes the source of goods of one party from those of the others.” For example, you can trademark a business name, your slogan, a product name, a logo, etc. You can also trademark variations of things (ie. your logo in its black and white version and your logo in its color version). Each of these protections requires a separate search and a separate application.
Different Types of Trademarks
Before filing a trademark application with the USPTO, we will need to decide what category of protection fits your business the best. There are three types of trademark formats:
Standard Character Format
The standard character format trademark is used to register words, letters, numbers, or combinations.
Special Character Format
The special character format is used when the trademark features stylized words or other elements. This trademark is used for company logos and symbols.
A Sound Trademark
The third trademark format is sound. A great example of this type of format is the famed MGM roaring lion.
How to File for a Trademark
While filing for a trademark can be done online, the process can be relatively complex. However, please be reassured that it’s worth spending the time to file for intellectual property protection because it will provide your business with enforceable security. Here are the basic steps involved in trademarking a company name:
#1 Research
We will need to research the federal database to ensure the trademark has not already been taken by another company. It’s important to highlight that we look for names similar to the one you are planning on filing a trademark for. We search the USPTO for not just the same items which have federal protection but for “confusingly similar ones.” We provide an explanation of what we found and give you guidance on potential classes to file for as well as other next steps. We research the federal database using the official USPTO Trademark Electronic Search System.
#2 The Application
The second step is preparing the trademark application and filing it. The number of classes we file in depends on the products and services you offer in commerce tied to that mark. For example, some of our clients’ marks can be filed in one class while some require several. It’s important you provide us with information on all of your products and/or services so that the application and the eventual mark you receive protect all of the things you are doing under that mark. We will provide suggested classes with the results of your viability search. Here is the information that we need to include in the application:
Personal information of the applicant (name, address, citizenship, and legal entity);
The name and address for future correspondence;
The elements of your trademark (name, logo, sound);
A description of the trademark;
The class of services/goods that the business provides;
An example that showcases how the trademark is used (the specimen);
Documentary evidence that verifies the first time the trademark was used in commerce; and
The fee required for the application.
#3 Filing the Trademark
The final step is to file the trademark at the US Patent and Trademark Office (USPTO). After the application is reviewed, an Examining Attorney will be assigned and we will receive a serial number that can be used on the USPTO platform to check the status of the application.