Last week, We went more in depth about Trademarks. This week we are going to talk about what a trademark actually is?
What is Trademark Registration?
Trademark registration is the actual process of taking your trademark and registering with the Federal Government. Also, you can register you trademark within a certain State as well.
Why should you register a Trademark?
Registering a Trademark gives you some advantages that just using a mark does not:
- Puts others on notice. Before you register a Trademark, you must do a search and see if a confusingly similar mark has been registered. If it has, then you can’t register the mark. So, the reverse is opposite as well. Others cannot register a confusingly similar mark.
- If registered federally, then you can sue in Federal Court. If you win, then if means you could get more money in the long run.
This is similar to copyright protection. It puts everyone on notice. Someone may try to infringe, but this will help a person in court!
How to register the Trademark?
- Make sure the “item” that you are going to register is in its final form! You don’t want to spend the money, just to have your mark denied.
- Make sure you have the money. Filing a trademark is not the cheapest thing you will do! Take a look at the fee schedule.
- Research Trademarks to make sure you aren’t accidentally copying someone. Check that out here.
- Then you will want to start the application! Here is the link.
Side Note: The United States Patent and Trademark Office highly suggests that you should have an attorney. They do this because sometimes its hard to file.
****Hey there sunshine! I just wanted to let you know that yes, I am an attorney, but I am NOT YOUR ATTORNEY. The information above does not put us in an attorney-client privilege contact type setting. Even though you are reading this, it doesn’t not mean that I am giving you legal advice as an attorney.