A trademark can be any word, phrase, symbol, or a combination of these things that identifies your goods or services—it will be how customers recognize your brand in the marketplace and distinguish you from your competitors. Prior to trademarking your brand, here are 3 critical steps you must complete.
1. Conduct a Trademark Search
Before registering, it is important to conduct a trademark search to ensure that your trademark is available and not infringing on any existing trademarks.
To conduct a trademark search, you should first search the trademark database of the relevant jurisdiction. The United States Patent and Trademark Office database contains information about all existing trademarks, including details of the trademark holder and the goods or services associated with the trademark. It is recommended to hire a professional search company to conduct the search because this will ensure that you identify all potential conflicts.
Once you have identified any potential conflicts, you should contact the relevant authorities to determine the status of the trademark and whether it is still in use. If the trademark is still in use, you may need to modify your trademark to avoid infringing on someone else’s rights.
2. Prepare the Application
You must provide information about the trademark, the goods or services associated with the trademark, and the owner of the trademark.
When you file a trademark application, you must specify the goods or services associated with your trademark. To ensure that your trademark is properly protected, you should choose the most appropriate class or classes for your trademark.
When choosing a class, you should consider the type of goods or services you are offering and the limitations of the trademark. You should also consider any other trademarks that are similar to yours, as well as any existing registrations in the same class.
Finally, you should consider whether the class you choose will provide adequate protection for your trademark and whether it is appropriate for the goods or services you are offering.
3. Complete the Application
Fill out the trademark application form with all the necessary information. Make sure that all the information is accurate and that you have all the necessary documents to support your application. In addition to the information already mentioned, you will need to provide the following information when you prepare a trademark application:
- A detailed description of the goods or services associated with the trademark.
- The date on which the trademark was first used in commerce.
- A copy of the trademark logo, slogan, or other graphic representation.
- A “specimen” showing a real example of how the trademark is used in commerce. A specimen is a sample of how the trademark is being used in the marketplace. The specimen should be a clear and accurate representation of the trademark in its current form and should not be altered or edited in any way. It is an important part of the trademark registration process, as it helps to demonstrate the trademark’s use in commerce. The specimen should be an example of the actual trademark being used in the marketplace, such as a label, packaging, advertisement, website, or other tangible representation. The specimen must demonstrate the trademark’s use in connection with the goods or services listed in the application.
For more information about trademark registration, or other intellectual property issues, please contact us at info@mnklawyers.com.
This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between MNK Law and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.
