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Trademark Process

What is the process of trademarking my brand? This is a question that many people have asked. The trademark process is very important when it comes to protecting your brand and ensuring that others cannot steal or improperly use your brand for their own personal gain.

Step 1 of Trademark Process: Research

The first step in the trademark process is research. You will want to complete an in-depth comprehensive research on your brand. One of the reasons you want to ensure you research your brand is to be sure that the trademark for your brand is available and to know if you will have any issues throughout the trademark process down the line. Once the research is complete and you have found that your brand name is available you are ready to move on to step two.

Step 2: Registration Classification

The next step after you have had comprehensive research done is to decide what classifications are best for you to register your brand in. When it comes to registering your brand there are lots of classifications to choose from. You will want to research the classifications and decide which is a best fit for your brand. Also you will want to check to see if there is more than one classification that you should register your brand in. However, it is important to note that each class you register your brand in will cost an additional fee.

Step 3: Complete Application with USPTO

After you have researched and chosen a classification for your brand registration you will need to go to the USPTO (United States Patent Trademark Office) website and apply for the trademark. To apply you will have to decide if you want to use a TEAS plus application or a TEAS standard application. The TEAS plus application is a little bit cheaper than the TEAS standard application. However, if you do not complete the plus application correctly including the correct classifications it could end up costing you more in additional fees. The TEAS standard application, although slightly more expensive, allows room for mistakes within the application. The standard application allows you to fix and change the classification(s) along with the descriptions of your goods and services. Overall, the TEAS standard application is more forgiving.

Step 4: Wait for Trademark Examiner to be Assigned

Once you have completed the application process, the next thing that will happen is you will be assigned a trademark examiner. At this current time it is taking about six to eight months for one to be assigned to your trademark. During that time all you can really do is wait patiently. Once assigned, the trademark examining attorney will review and research your trademark application to see if there are any conflicting marks or other legal issues that could bar your trademark from being registered.

Step 5: Address Any Office Actions Received

(No office actions received? Congratulations! Go to Step 6) If the trademark examiner does find things that would bar your trademark from being registered, then you will receive a notice that is called an office action. If you receive an office action you have six months to respond. In your response you will want to include why your trademark should not be barred or refused and show that you have made all the necessary corrections. This response is important to keep your trademark alive and the process on track. If you do not respond to the office action then your trademark becomes abandoned. This means your trademark application process has died, your trademark is not registered, and you have wasted your money.

Step 6: Publication

Finally, the publication stage. Publication is when your trademark is accepted and put in the trademark gazette. This allows anyone across the globe to look at your trademark and review it. It gives them the opportunity to speak up if they feel your mark is infringing on theirs or if they think they may have any legal means as to why your mark shouldn’t be registered. The publication stage of the process lasts 30 days. This means individuals and companies across the globe have 30 days to bring up any opposition they have to your trademark being registered.

Step 7: Registration

Lastly, if no opposition is made you move forward to the registration stage. It is at the conclusion of this that you will receive your official certification of your registered trademark.


Congratulations!


Schedule a Consultation If you are looking to trademark your brand and need assistance schedule a consultation now with Attorney Briana Robertson. Schedule Now

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