An important way to protect the name of your business or product is by registering the trade name or trademark with the U.S. Patent and Trademark Office (USPTO). The following representative steps are typical procedures for the trademark registration process.
Application
If your trademark application meets the minimum requirements of the USPTO, it will be issued a serial number approximately 2 months after the date of filing. If it does not meet requirements, notice should be sent to the applicant at the address indicated in the trademark application.
Review
Approximately 4 months after the USPTO processes your application, it will be reviewed to determine if it can be registered. If your trademark is not registerable, you have 6 months to respond or your application will not be processed any further. Your trademark may be refused if it is identical or very similar to an already existing trademark.
Publication
If your application is approved, your mark will be published in the USPTO’s weekly publication called the Official Gazette. Prior to its publication, the USPTO will send notice to the correspondence address in the application with the publication date. In addition, as a result of the publication, you may begin receiving a variety of unsolicited offers which some consider to be spam. Anything official should be sent to the correspondence address on file, which when an attorney is used, is typically the trademark attorney.
Certificate of Publication
If your trademark application is based on documented use and no one opposes the registration, approximately 12 weeks after the publication date, your mark will be registered and you will receive a registration certificate in the mail. If someone opposes the registration or you still need to properly document use of the mark in interstate commerce, then your registration may be delayed.
State Registration
Some states provide trademark protection separate from federal laws. Procedures for trademark registration under state laws is typically accomplished through your Secretary of State. However, if you only register your trademark with the state and not the USPTO, your trademark will only be protected in that state. Also, a federally registered mark will usually be given more protection than a similar competing, state-registered mark. The procedures for trademark registration for state trademarks is similar to that of federal trademarks.
If you have any questions or need assistance with the procedures for trademark registration, please contact us.