How do you apply for a trademark?
Before submitting an application to the USPTO, ensure no other business has claimed the name legally. Other business name search and trademark search tools are available online. A trademark attorney can also help verify the trademark USPTO will approve.
The trademark should be applied online using the Trademark Electronic Application System (TEAS). It requires setting up an account at USPTO.gov. As Forbes states filing costs depend on which filing option the business owner chooses:
- TEAS Plus: $225 per class of goods/services
- TEAS Standard: $275 per class of goods/services
Entrepreneurs may consider asking their attorney to prepare and file the application on their behalf. They also can enlist the help of an online business document filing company. Thus ensuring the form completely and submit correctly.
The time it takes to have a trademark approved may range from almost one year to several years. It depends on the mark’s complexity and any issues that arise during the USPTO’s review process.
Once a trademark receives approval, it will be effective for 10 years. As long as its owner complies with all legal requirements, a trademark can potentially be renewed for an unlimited number of consecutive 10-year periods.
According to the USPTO website, “Each time you use your mark, it is best to use a designation with it. If registered, use an ® after the mark. If not yet registered, use TM for goods or SM for services, to indicate that you have adopted this as a trademark or service mark, respectively, regardless of whether you have filed an application with the USPTO.”
Advantages of trademarking a business name
USPTO the federal office that grants trademarks, explains that “a trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.” In short, trademarks help to distinguish brands from their competitors.
What’s the difference between a “trademark” and a “service mark”? Essentially, they’re the same, except that a trademark identifies the source of goods, while a service mark identifies the source of services. The USPTO often uses the term “trademark” when referring to either trademarks or service marks.
When the USPTO approves a business name as a registered trademark, the owner has exclusive rights—at the state and federal level—to use the name. A trademark prevents anyone else from selling similar goods and services within the United States under that business name.
The primary purpose of trademarks is to prevent confusion in the marketplace. So the protection applies to only a particular category of goods and services. For example, if someone trademarked their photography studio’s name, “Best of Times,” another entrepreneur would likely be allowed to start a restaurant that uses that same name.
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