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How to Apply for a Trademark

How to Apply for a Trademark

by Cherie McCord

When you own a business you want to come up with ways to make your brand identifiable. This can include a few things such as slogans, sounds, scents, or color. Once you have come up with the items that you want to use for your business you will want to protect them. These ideas are yours and should be protected so that others cannot use them for their gain. Use this trademark attorney Idaho to help you through the process of protecting your intellectual property.

Table of Contents

  • Should You Apply for a Trademark?
  • Research Before Applying
  • Submit Application
  • Examining Attorney
  • Trademark is Offical

Should You Apply for a Trademark?

The first step is to make sure that applying for a trademark is the best course of action for what you are wanting to accomplish. You have to ensure that what you are presenting is able to recieve a trademark. As mentioned above these kinds of ideas are slogans, a specific sound, a scent, or a color that should only be used in connection with your brand. Once you have determined that what you are using to advertise your brand is trademarkable you can move forward with applying for a trademark.

Research Before Applying

Once you have determined that what you have is trademarkable, the trademark lawyer cost and other necessary details, you will be ready to apply for the trademark. You have to make a few different selections during the process; choosing the correct ones is critical for getting your trademark. These are the mark format so what kind of mark it is. Identifying exactly what goods and services the mark will be connected to. Do personal research in the USPTO to ensure that no one else is using or claiming the mark you are applying for. Filing basis is the last part and depending on your residence or the business location you may need a trademark attorney.

Submit Application

When you have completed your application and are positive that all the information is correct you are able to submit it with the Trademark Electronic Application System (TEAS). There you will also be able to monitor the status of your application and it is critical that you check on it at least every 6 months because there may be deadlines that you miss if you’re not on top of your application status.

Examining Attorney

The application is checked for the minimum filing requirements and if it is approved it will be passed on to an examining attorney that is appointed by the USPTO. They will take a deeper look at your application to ensure that it meets the requirements for a trademark to be given. If the examining attorney determines that the trademark should not be given they will send a letter with the reason why it was not approved. If the trademark is given it will be put into a weekly publication done by the USPTO and you will be notified by mail when it will be published.

Trademark is Offical

Receiving the approval of your trademark is a great way to protect your ideas. This is also the way to protect your brand because your trademarks are what are used to identify your brand. Once you have your trademark it is important to keep the registration up to date. Be proactive in protecting your trademark as well, it is your job to watch for others using it and take legal action if needed. Your ideas are yours, make sure you are continually protecting them.

Filed Under: Law

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