How to Register a Trademark Without an Attorney
Determine if it is a trademark., Search for duplicate trademarks., Decide how you are going to display your trademark.
Step-by-Step Guide
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Step 1: Determine if it is a trademark.
Your trademark is what sets your goods and services apart from your competitors.Think "Pepsi"
"Google"
or the distinctive Golden Arches.
A good trademark is strong and distinctive and doesn't just describe your product, it evokes it.
For example, if you make candy, calling your fudge "sweet and chocolately," is not a trademark.
It is too generic and doesn't separate your fudge from any other.
The words are merely descriptive.
Conversely, "Grandma Mary's Supreme Fudge," has the makings of a strong and distinctive mark., No matter how clever your trademark is, it will be denied registration if it is too similar to another trademark in use for comparable products.
The USPTO has an online database called "Trademark Electronic Search System" or TESS.If you find "Grandma Mary's Heavenly Divinity," or even "Aunt Mary's Candy Shoppe," it is likely that the USPTO attorney will deny your registration as being confusingly similar.
You may want to rethink your trademark or incorporate it into a logo that is unique and distinctive.If you have any doubts about the validity of your trademark, consider consulting with an intellectual property attorney.
She can advise you about the strength of the mark and assist with searching for duplicate or confusingly similar marks.
Most IP attorneys will consult on an hourly fee basis.
Expect to pay around $150 per hour. , In order to be a trademark that can be registered, it must be affixed and associated with your goods.
The key is determining how you will be putting your trademark into the "stream of commerce."The easiest way to use your trademark in commerce is to label the goods that you sell.
Nothing fancy is needed, labels made on your printer will suffice as you are getting started.
Other uses to go along with your labels are business cards, flyers, signs, uniform patches, and display on your website. -
Step 2: Search for duplicate trademarks.
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Step 3: Decide how you are going to display your trademark.
Detailed Guide
Your trademark is what sets your goods and services apart from your competitors.Think "Pepsi"
"Google"
or the distinctive Golden Arches.
A good trademark is strong and distinctive and doesn't just describe your product, it evokes it.
For example, if you make candy, calling your fudge "sweet and chocolately," is not a trademark.
It is too generic and doesn't separate your fudge from any other.
The words are merely descriptive.
Conversely, "Grandma Mary's Supreme Fudge," has the makings of a strong and distinctive mark., No matter how clever your trademark is, it will be denied registration if it is too similar to another trademark in use for comparable products.
The USPTO has an online database called "Trademark Electronic Search System" or TESS.If you find "Grandma Mary's Heavenly Divinity," or even "Aunt Mary's Candy Shoppe," it is likely that the USPTO attorney will deny your registration as being confusingly similar.
You may want to rethink your trademark or incorporate it into a logo that is unique and distinctive.If you have any doubts about the validity of your trademark, consider consulting with an intellectual property attorney.
She can advise you about the strength of the mark and assist with searching for duplicate or confusingly similar marks.
Most IP attorneys will consult on an hourly fee basis.
Expect to pay around $150 per hour. , In order to be a trademark that can be registered, it must be affixed and associated with your goods.
The key is determining how you will be putting your trademark into the "stream of commerce."The easiest way to use your trademark in commerce is to label the goods that you sell.
Nothing fancy is needed, labels made on your printer will suffice as you are getting started.
Other uses to go along with your labels are business cards, flyers, signs, uniform patches, and display on your website.
About the Author
Stephanie Gibson
Brings years of experience writing about practical skills and related subjects.
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