I want to register my name, my brand, my slogan as a trademark with the United States Patent and Trademark Office, the USPTO. What do I do? How do I go about taking my brand, my name, which I put my heart and soul into creating, which tells consumers who I am as a business, what services I'm providing, how do I protect that name, slogan or logo as a trademark through trademark registration. My name is Enrico Shaeffer, I'm a trademark registration attorney with Traverse Internet Law, and today we're going to be talking a little bit about trademark registration self help; and how to register a trademark with the USPTO.
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d. How to Trademark a Name, Logo or SloganCategory.
Many clients ask us how to trademark a name, logo, slogan, image or shape. Understanding how to trademark a name involves both a creative and legal process. On the creative side, you need to understand what makes a good brand from a consumer perspective. From the legal side, you need a trademark lawyer who can help you understand whether your proposed trademark is available or has already been used by someone else in a similar market. The last thing you want is to launch a new product or service under your trademark name and receive a trademark infringement cease and desist letter after you have made a substantial investment in your website, domain name or brand. The information on this page will help you understand not only how to trademark a name, but the various steps involved in going through both the creative and legal process of trademark registration and protecting your name in the market.
Understanding how to trademark a name at the United States Patent and Trademark Office or the Trademark Office, is incredibly important. Many businesses and small companies often want to trademark their name, the name of their website, URL, or the name of their company or the name of the product or service. But they immediately think, "Well, can I just trademark this name by myself?"
You want to trademark a name. You thought you figured out how to file for trademark registration and filled out the online application form at www.uspto.gov. Several months after filing your trademark to be registered, you received an office action from the examining attorney at the trademark office. The office action states that the specimen you submitted for your services is inadequate. An experienced trademark registration attorney can help you understand what to do next in order to fix your trademark application and proceed successfully through trademark registration.
Here is an example of a trademark specimen refusal from the USPTO.
Moving along to the names, portraits, signatures of individuals portion. If, indeed, your mark includes any of those items that relate to someone else, you need to have consent from that individual in order to register the mark. Once again, as you get to this level of detail, it would be very beneficial for you to speak with a trademark attorney.
The remaining statements relate to different items as well that a trademark attorney can walk you through. So, let’s assume that you want to apply for the mark without making an additional statement. At this point, again, all you have to do is include the mark as you want it to be registered here, and then click the continued button.
This is Traverse Legal, PLC Trademark Attorney Brian Hall, and today I’m going to walk you through, in a step-by-step basis, how to register for a trademark with the United States Patent and Trademark Office.
The first thing you need to do is go to the website www.uspto.gov. Once there, you will see this screen. The next thing you need to do is click on trademarks. This will bring you to a page that gives you many options and multiple pieces of information that relate to your trademark. If you have questions, you’d be well served reviewing this website and getting as much information as possible about it.
Welcome to Trademark Law Radio, a top web resource on issues of trademark infringement, trademark licensing, trademark protection, and trademark registration.
Welcome to Trademark Law Radio, my name is Trademark Attorney Enrico Schaefer. Today, we are going to talk about how to trademark a name, how to trademark a logo, how to trademark an image, how to trademark a shape, how to trademark. These are all issues that new business owners face every single day. These are all issues that companies who are trying to extend their brands or launch new products and services face every single day, and it is something that is extremely challenging.
This is Brian Hall, a trademark attorney with Traverse Legal, PLC. My law firm represents trademark owners throughout the world, and today, I will be answering the question of how to perform a trademark search.
Before I answer that question more directly, I should recommend to you that you retain a registered trademark attorney who has experience with trademark matters, including trademark availability assessments and trademark clearances. I say that not because I’m a trademark lawyer, but instead because I truly believe it.
Trademarking a slogan is not much different than having to trademark another term, logo, design or other mark. It needs to qualify for the basics of trademark protection. It is critically important that your use of your particular slogan is used in such a way that qualifies for trademark registration and trademark protection. Merely putting a slogan on the front of a t-shirt or on some other placard, is not sufficient trademark use. A qualified trademark attorney can definitely give you advice on how to trademark a slogan.
A common question is whether or not you need to retain a trademark attorney in the state in which you live in order to trademark a name. The simple answer to the question is, No. While it is critically important to recognize that attorneys are licensed within particular states by the state bar associations, they can also practice throughout the United States and world. Therefore, the area of trademark law is particularly unique in that attorneys regularly practice in federal court as opposed to state court. It is also important to recognize that a trademark attorney, no matter where they’re located, can serve as the attorney or record for a trademark application with The United States Patent and Trademark Office. The attorney does not have to be from the same state as the individual or business entity that is the owner of that trademark application or trademark registration.
Welcome to Trademark Law Radio sponsored by Traverse Legal, internet law attorney specializing in trademark registration, trademark infringement, trademark protection and trademark monitoring. In this episode, Trademark Attorney Brian A. Hall discusses the benefits of international class trademark registration to cover new goods and services.
Attorney Brian A. Hall: Owning a trademark registration is a great start, but it may not be enough, unfortunately. Remember, a trademark registration provides the trademark owner with exclusive rights to use that trademark in connection with the goods or services listed in the trademark registration. Therefore, any goods or services you are offering that are not listed in that trademark registration, or not similar enough to those listed in the trademark registration, may not be something you have protected.