How to File a Trademark for a Name With the Government

by Bob Haring

Registering the name, symbol or design that identifies your company's products or services as a trademark will protect you from others infringing on your identification. A trademark identifies the source of goods, while a service mark, frequently associated with trademarking, does the same for services. Registering a trademark with the U.S. Patent and Trademark Office is a simple process and can be done online.

Create a Distinctive Image

The first step in getting a trademark is to create a distinctive and unique identifier that distinguishes your product from others on the market. It should be something that is instantly recognizable, such as the "swoosh" on Nike products. It shouldn't be generic or descriptive or similar to anything already in use. Once the trademark is created, start to use it in your business.

Search for Similarities

The next step is to do a thorough search to ensure your wording and design are unique. This is most easily done using the Patent Office's Trademark Electronic Search System. TESS determines whether a similar mark is already registered or whether an application for one has been filed. TESS is free, but some companies and individuals hire lawyers or trademark specialists to make a search because an application will be rejected if something similar is already in use.

File an Application

File an application with the Patent Office. Include the name of the applicant or owner of the mark, name and address for correspondence and a list of goods and services on which it will be used. Also submit a clear drawing of the mark. If you file electronically with the Trademark Electronic Application System, or TEAS, submit a JPG file of the mark or a similar electronic image showing the mark in use.

Pay Registration Fee

Pay the appropriate application fee, $275 or $325, depending on the class of goods or services. A TEAS application has the higher fee, but less stringent requirements. A TEAS Plus form has stricter requirements. If forms are filed electronically, TEAS validates information before the application is submitted. Fees may be paid electronically or with cash or check, but won't be refunded if the registration isn't approved.

Identify the Trademark

You may use a "TM" on your trademark to indicate that you're claiming rights to it, even before you file an application. Use "SM" for a service mark. This doesn't afford any protection from infringement, but does notify the public you're claiming ownership. Once an application is approved, an ® symbol can be attached to the trademark.

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