A trademark can be a single word, a phrase, a symbol or some combination of these elements. Not only is the name Chevrolet a trademark of a particular automobile manufacturer, but so is its distinctive logo. In some cases, even the form in which a product is marketed can be a trademark, such as the unique hourglass shape of a Coco-Cola bottle. In one rare instance, Pat Riley, former coach of the Los Angeles Lakers, trademarked the phrase "three-peat" for use on sports merchandise; in effect, the trademark became its own business. A trademark is essentially anything that distinguishes your product or service from your competitors in the same field.
Instructions
1. Make certain your chosen trademark is viable. It cannot merely describe the product or service you are offering, such as Really Soft Pillows. Potential trademarks that are not distinctive enough will be rejected in the application process.
2. Make certain the potential trademark is, to the greatest extent possible, unique to your product or service. Fox News registered the phrase "fair and balanced" to promote its programming, but failed in court to prevent that phrase from being used in other contexts.
3. Do a trademark search to verify that your proposed trademark is not already being used by a competitor. It is possible to conduct such a search yourself, using the website of the U.S. Patent and Trademark Office (link provided below). But unless you have extensive legal expertise, it is advisable to hire an attorney for this task. It may sound like an unnecessary expense, but it quite possibly will save you time and money in the long run.
4. Decide what level of protection you desire. Basically there are three types of trademarks: common law, state and federal. A common law trademark is a de facto trademark that results from simply using the mark for your business. This offers only a limited range of coverage, which will certainly be inadequate if your enterprise is extremely successful. A state trademark, as the name implies, protects your interests only within the state where it is filed. For most purposes, you'll probably want to go with a federal trademark. And if you're really thinking big, you'll want to ponder establishing your rights internationally as well. Fortunately, the Paris Treaty helps extend protection to a great many countries.
5. Submit an application through the U.S. Patent and Trademark Office. You can do this online, which in fact will save a little money off the fee for filing by regular mail.
6. Wait to hear back from the USPTO, which will take several months. When you do, make any required changes to your application and resubmit, if necessary.
7. Contest any objection that is made against your claim. Such objections may be filed upon publication of your pending trademark information by the USPTO.
8. Begin giving the public notice of your rights once all the above hurdles have been cleared. The most common way to do this is with the trademark symbol consisting of the letter R inside a circle: ®. You also may use verbal notice such as "Registered in the U.S. Patent and Trademark Office," or an abbreviation thereof.
