How do I register a trademark?

When a client who owns a business comes to us with a intellectual property that they would like to protect, our firm can assist in registering that trademark. When you make the decision to register a trademark, there are a number of steps you need to take.

First, you should have your attorney conduct a trademark search with the United States Patent and Trademark Office. This is the most important first step to ensure that you do not waste any unnecessary time or money trying to register a trademark that will not be approved. Another option is for you to search the trademark database online yourself. It is important that you do your research before you go ahead and print the brand name you wish to have trademarked all over your business cards, or wherever else you may put it. If you do this before actually registering the trademark, you may find yourself in hot water.

Once you conduct your trademark search and determine the trademark not registered to someone else, you may go ahead and apply for the trademark. After submitting your trademark application, you will to wait approximately 6 months to see whether or not you have been approved or not. If it has not been accepted, you will receive a letter from the U.S. Patent and Trademark Office explaining why your application was denied by the examining attorney. This letter is not a final determination and a response may cause the examiner to rethink their initial rejection and approve your application.

However, if your application was initially approved, your trademark will be published in the USPTO Gazette, that allows anyone who sees it 30 days to voice their concerns about your trademark. If no one opposes your trademark, you will file a Statement of Use and be issued a Notice of Allowance. This will be the last step in obtaining your trademark and afterwards, it will be in effect. Periodic filings and renewals will need to be made to continue your trademark in effect.

Trademark filing requirements are technical and it is strongly advised that you use the services of an experienced attorney in the process.

If you have questions about obtaining a trademark for your business, contact us today.

Contact the experienced trademark registration attorneys at Hutner Klarish LLP to schedule a consultation.