- Research trade names that may be available
- Apply with US Patent & Trademark Office (can do online or via mail)
- Maintain current status of your trademark
Secure Trademark Name
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Please remember to check all current rules regarding trademarks with the US Patent & Trademark Office (www.uspto.gov) or an attorney prior to any important action you wish to take. This information is simply what I believe to be true at the time I wrote this for my situation.
One way the internet has reduced the need for a lawyer is in the area of applying for a trademark. While some may still decide that they prefer to have a "professional" represent their interest, I've found that the process of applying online to secure your trademark is relatively straight forward. You would probably have the highest level of protection if an attorney was involved since they might alert you to something you could miss on your own. The cost to register a trademark is approximately $325 per trademark. This fee is charged by the government and is independent of any attorney's fees.
The goal of registering your trademark is to prohibit other companies from using the same words and/or artwork to describe their business. If you want to use a name, slogan, and logo prior to obtaining your registration, you can put the "™" symbol next to your work. The "®" mark is what you would put near your trademark once you receive your final approval and the trademark officially has been issued.
You register for a specific class which defines the type of business. What this means is that in theory if I register ABC Widgets under one class (say business services), you might be able to register the same name under another class. One exception is for larger well known trademarks, where there could be confusion in the marketplace if you were allowed to register the same name. For example, you would probably not be able to register AT&T drink mix, even though AT&T does not provide this product.
When you register your trademark, you can either file as an "Intent to use" or "In use", If you have not yet used your trademark in commerce, the Intent to use allows you to "reserve" the trademark in advance and then to later send proof of use. You might not be able to register intent to use simply to keep a competitor from using the trademark.
Registering a trademark is different from registering your company's trade name with your state or local government. The best protection for your trade name is a federally issued trademark. The same is true with registering your web name. The owner of the trademark in theory could prevent another company from registering a URL or try to claim that someone who has an URL should not. For example, you were to register ATTPhoneSystems.com, you might expect a call from AT&T lawyers and given their trademark and the confusion you could cause in the marketplace, you might have a problem trying to keep your domain name.
You can search the database of current and pending trademarks at http://www.uspto.gov/main/trademarks.htm. Click on the text marked "search on pending & registered trademarks". Once you find a name and/or design that does not appear to be already in use or in process for approval, you can register at http://www.uspto.gov/main/trademarks.htm (click file a trademark online - TEAS). You will then be able to check status at the same link using the link Trademark application & registration status (TARR).
Once you are issued your trademark, you will receive a piece of paper showing your trademark. You will then need to maintain your trademark on an on-going basis. You will have to show that you are continuing to use the trademark in your business and there are certain time windows where you must take action or you will loose your trademark. Check under the link maintaining a registration for detail.
In summary, the process is relatively straightforward, however, given that you are interacting with the federal government, expect to take a little time to review the current rules and process to make sure you follow them exactly so you are protected.
A copyright is not the same as a trademark and would be issued to protect creative works such as writing, photography, and songs. In general, you do not need to register your copyright works, you can simply add the "©" symbol to your work. If you want to register your work with the library of congress, you may have additional rights with regard to claims if someone should steal your work. You can learn more about copyrights at this link.
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