REGISTERING A TRADEMARK FROM START TO FINISH by ResearchCopyright.com

Before filing a trademark application, it would be wise to make sure no pre-existing trademark is too similar to the mark which you plan to use. For example, the NFL team, the Jacksonville Jaguars, when they first became a team used a jaguar design on their helmets and other gear that was deemed to be too close to the mark used by the Ford Motor Company for their Jaguar line of cars.

The USPTO recommends trademark applicants use the Trademark Electronic Application System (TEAS) to file the trademark paperwork and pay via credit card online. Images of the proposed trademark may also be sent via TEAS. They also accept paper applications.

The only person who can file a trademark application is the owner of the trademark in question. This person also controls the use of the mark in commerce. The owner may be an individual, corporation, LLC, or any other type of legally existing entity. You also do not have to be a US citizen to file a trademark application. Depending on the state where the application is made and the laws of that state, minors may or may not be able to register a trademark.

When you file the application, you will have to mark whether you have used the mark in commerce or if you only intend to use it. This tells the Trademark Office whether or not there are already products in the marketplace carrying this mark. In the above example involving the Jacksonville Jaguars, there was already items on the market containing the mark that was later contested.

While registering for a trademark does not mean you will be awarded the use of the trademark for one reason or another, the Trademark Office does recommend checking on the application's process at the Trademark Office at least once every 4 months. The application process can take several years. Once the application has been approved, you may use the ® symbol.

As of this writing, the fee for applying for a trademark is $325, but you should always check for current prices as they may change.

You do not have to hire a trademark attorney, but you may hire one to help you search the Trademark Office's database of trademarks so that you do not file one that is similar to a pre-existing mark.

The following information should be included in any trademark application: the applicant's name and address, a drawing or other depiction of the mark in question, what kind of goods or services the mark will be used for, the filing fees for the application, basic facts about the trademark, a specimen for use-based application (for example, a soup label can with the trademarked image on it, and the signature of the applicant. The image uploaded or sent to the Trademark Office should not have TM, SM, or the ® symbol affixed to it.

The USPTO also recommends the image of the proposed trademark be in black-and-white, unless a specific color is being sought for the trademark claim.

Once your trademark is approved, you can you the mark forever, but you must remember to renew it during the fifth and sixth years after the Trademark Office has approved your trademark. After the sixth year, you must renew your trademark between the ninth and tenth years, and then every ten years.