Enriching Life Through Innovative Ideas SM

The process for gaining trademark protection

Once you have created a strong trademark, it’s important to also obtain the legal benefit of trademark protection. While individuals and businesses aren’t required to have trademark protection, you leave yourself vulnerable to copycats and have little recourse for taking legal actions if you don’t file for protection. When you register a trademark with the U.S. Patent and Trademark Office, no one else can use your trademark.

In addition to strengthening your ownership claim, if you’re faced with a legal challenge, registering a trademark in the U.S. also paves the way for gaining trademark protection in other countries.

Steps to take to effectively register your trademark

There are a number of steps you will need to take before receiving trademark protection, including:

  • Reviewing trademark records: The U.S. Patent and Trademark Office maintains a database of all registered trademarks. You should perform a search to ensure your idea for a trademark isn’t already in use.
  • Determining your trademark category: There are various trademark classifications; you will need to choose the proper category for your trademark.
  • Filing your trademark application: You can do this online.
  • Seeking international registration: This will help you assert ownership outside of the U.S.
  • Determining the registration fee: There are various fees for trademark applications; these fees vary depending on the type of protection that you are seeking.
  • Show don’t tell: It’s essential to include an example of your trademark with your application. A written description will get you nowhere.

The application approval process can take several months to complete. Once your application has been approved, your trademark will be protected for 10 years. Once the deadline expires, you will have to renew the trademark.

A skilled attorney can help guide you through this process

As you can see, the trademark registration process involves many steps. An experience intellectual property lawyer can help you through this process one step at a time and help you avoid any potential application rejections or other frustrations you may encounter.

FindLaw Network

What Our Clients Say

Starting a new business can be a bit scary. Aside from worries of failure, there’s also the hassle of making sure all legal paperwork are properly filed. I reached out to Mr. Wang (Tommy) because of his excellent reviews and reputation and I am so glad I did. He was thorough and meticulous in answering all of my concerns and took time to find out special laws and policies regarding the kind of business I am starting. I could focus on the daily practical side of starting my new office without worry because I felt Tommy was reliable and took my case seriously. My business is opened and it’s all been a smooth start because of Tommy’s help. I have plans to start another business venture in the next few years and I already know I’ll be coming back to Wang IP Law.

The Shindig W.

I came to Tommy for help reviewing a licensing agreement I had secured with a well-known manufacturer. Tommy made sure I understood all the details in the contract and he negotiated with the company to improve my side of the deal. I mentioned to Tommy at my first consultation that we were looking to expand throughout the US and were investing a lot of money to make a big entrance into the market. I did not think I would have my store open so soon but Tommy also has connections with the local area and realtors to help me secure the location for my first store in the Los Angeles area. Tommy works a lot with the local businesses and he understands how to transition from the Asian market to US market. Within 8 months my store was open for business and fully operating. I must recommend Tommy to any business owners looking for help with contracts and improving their side of the deal. Tommy has the knowledge and experience to make sure there is a smooth process to open for business here, and make sure that your company is set up for success.

LI H.

I think Tommy and his team by far considered the best people to work with in my 16 business years. Beside quick responses to all my inquiries, they also done things right and providing very professional solutions. I’m highly recommending Tommy and his firm to all business owners.

Calvin C.

I have been working on my Utility Patent for almost 4 years. I have hired and fired two very reputable IP firms because with all their expertise and reputation for being some of the top firms in IP Law, I felt a lack of connection and care in my product, time and financial investment. Then I found Tommy and his team. Tommy does not waste time. He and his team are professional and extremely thorough. After 4 years, I finally found a legal team that I felt spent the time to really understand the components of my utility patent. Tommy also very mindful of cost and how and where my money would be better spent. I really feel I am in great hands with Tommy and his team. They have been patient with my revisions. And most importantly, they made me feel that they fully understood the importance this patent is to me. It has been a great and comforting pleasure working with Tommy.

G.L.

Read All