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The Six Steps for Registering A Trademark

If you are in business, then you understand the need to have a brand identity. A unique identifying feature in your business name, the logo, or the service is essential to stand out in the market. To achieve this, you have to sell differentiated products and use a name that hasn’t been used by others or rather, a name that won’t bring confusion or ownership infringement feuds.

Though your business name is unique, a trademark to your products or services will ensure that your brand name is upheld. To register a trademark, follow the following steps:

1. Pre-registration

Here, you do not have to sign anything. Before making any important business step, you must ask if there is a critical need for the business trademark. Products and services, only, are eligible for trademarks. Inventions and literally arts cannot be trademarked.

You should also evaluate the need for the trademark. If the business name is enough to identify your company, the products and services you trade in, then you do not need to trademark them urgently.

2. Selection of the mark to trade in

This is among the toughest choices to make once you have ascertained the need for trademarking. The mark chosen should be unique and means to use in business. Descriptive, fancy, generic, and suggestive names will have to be deliberated.

When selecting the mark, you should also consider the graphical strength it possessed. As aforementioned, the trademark is your brand identity. To sell your brand, the format, availability, and the products to which the mark will be applied should be considered.

3. Name search

As you select the trademark, the ones chosen should be run through the US Patent and Trademark Offices database. A name search helps in preventing registration of an already registered trademark that can cost you more in revenue and legal fees later. This also helps to know if your name is desirable or not.

4. Application

After the selected mark is found to be available, you can fill in the application for trademark registration. The registration can be either on the ‘use in commerce’ or the ‘intent to use’ basis. This can be done online or on paper. You should note that there are various trademark attorneys in San Diego who will help in processing your trademark application. The best offer flat fees for registration and at reasonable values that will not cost your business as much.

5. Application evaluation

Once you have presented everything to the US. Patent and Trademark offices, you will be required to wait. This can be a long process, but with an attorney at hand, the process will be smooth. The status of the application can be monitored every 3 or 4 months. An examining attorney completes the review and approves the application. This takes at least 12 months.

6. Rejection or approval

If a registration goes through, then you will be within the legal bounds to use the trademark on your products or services. You should also note that the trademark goes through the Trademark Trial and Appeal Board even after its approval by the attorney and it is only certified if this board doesn’t oppose the trademark.

Rejection of the trademark registration can be appealed if the name isn’t immoral, a primary surname, slanders a person, resembles another, etc.

In conclusion, though the registration process can be lengthy, it is your first step to improving your brand image and this can result in an increased return on investment (ROI). To ensure success of the registration process, do not leave blank spaces on the application form, use a valid and active email address, and work with an attorney registered to work in the US.

Written by David Wicks

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David Wicks is a renowned business law attorney in San Diego. Her vast experience has made her one of the best and most feted patent and trademark attorneys. Go to her LinkedIn page or blog for more on business law.

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