Six Steps to Protect Your Brand

Tips from the United States Patent and Trademark Office This week’s blog post was written by Craig Morris, Managing Attorney for Trademark Outreach at the United States Patent and Trademark Office. A trademark is an essential part of a brand, helping to distinguish a business’s unique products and services from what another business offers. It can… Read more »

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Tips from the United States Patent and Trademark Office

Six Steps to Protect Your BrandThis week’s blog post was written by Craig Morris, Managing Attorney for Trademark Outreach at the United States Patent and Trademark Office.

A trademark is an essential part of a brand, helping to distinguish a business’s unique products and services from what another business offers. It can be a word, slogan, logo, symbol, design or even a sound. The following six steps from the United States Patent and Trademark Office (USPTO) provide a useful guideline on what to consider before registering a trademark and during the application process. Have an invention? Make sure to protect that too.

  1. Determine whether a trademark is even appropriate for you.  Trademarks, patents, copyrights, domain names, and business name registrations all differ.  A trademark typically protects brand names and logos used on goods and services.  You must be able to identify these goods and services specifically.   A trademark, for example, does not cover a general idea.
  2. Select a mark using great care. Before filing a trademark/service mark application, you should consider (1) whether the mark you want to register meets the guidelines for registration, and (2) how difficult it will be to protect your mark based on the strength of the mark selected. Note that the USPTO only registers marks, and the mark owner is solely responsible for enforcement.
  3. Always search the USPTO database to determine whether anyone is already claiming trademark rights in wording/design that is similar and used on related goods/services through a federal registration.
  4. File the application online through the Trademark Electronic Application System (TEAS).  View trademark fee information. REMINDERS: (1) The application fee is a processing fee that is not refunded, even if the USPTO does not ultimately issue a registration certificate, and not all applications result in registrations; and (2) All information you submit to the USPTO at any point in the application and/or registration process will become public record, including your name, phone number, e-mail address, and street address.
  5. Because all of the above are very important, you should consider whether to hire a trademark attorney to help you with these steps, as well as the overall application process.
  6. Throughout the entire process, you should monitor the progress of your application through the Trademark Status and Document Retrieval (TSDR) system.  It is important to check the status of your application every 3-4 months after the initial filing of the application, because otherwise you may miss a filing deadline.

For more information on trademarks and to access a variety of helpful resources, including instructional how-to videos, visit the USPTO website.

The post Six Steps to Protect Your Brand appeared first on Alexandria Small Business Development Center.

Getting a Trademark

Getting a Trademark
Getting a Trademark

As one of the smallest businesses in the City of Alexandria, VA, I never really considered getting a trademark.

My previous employer, a small software development firm applied and received trademarks, but it was always an expensive and lengthy process that was accomplished by the law office that represented the company.

In the summer of 2013, I decided to maximize the use of my home and increase my income. My home and garden became an AirBnB. And the first guest to stay with us was an attorney for the U.S. Patent and Trade Office, just down the street. We hit it off right and were friends. He stayed with us for over a month while searching for a permanent place to live.

After moving here and getting settled in at his new office, our friend offered to help file my trademark application. At that point, I figured it was a great opportunity to add creditability to my small business. And receiving inside help with my trademark meant my application went through the full process without any problems in just five months, they had a four month backlog when I applied.

Looking back, the biggest issue with applying for a trademark is that it is public record. There are entire businesses set up in the City of Alexandria to trick you into thinking you are getting information updates about your application from the Patent Trade Office (PTO), which includes payment requirements that are the exact amounts PTO will soon be charging for your trademark. These fake communications come in emails and U.S. Mail with titles and addresses very similar to the real PTO. If you’re not paying attention, you fall for it. Several times I sent these along to our friend asking if it was real or fake. PTO knows this is going on and some clients do not have the funds for their application because they’ve already paid the fake businesses, not knowing. For now, you just need to pay close attention to not fall victim to these scams.

As a small business, be open to finding new ways to build your credibility. Recognize a great opportunity when it presents itself. It may not always be within your timetable.