Question:
What is the full trademark registration process?
Answer:
The trademark registration process begins with a full trademark search, goes on to an application process, publication period, and then finally registration. This process can be VERY long. This can take anywhere from six months to one year or a few years depending on the circumstances. Let’s dive in!
Step 1 – Trademark Search
You will first want have a professional do a professional comprehensive trademark search. This will reference pending trademark applications, registration, and companies out there with similar marks and names.
It’s important to do a trademark search since it will tell you if your mark will likely be registered or not. If you have a similar or same name with a company that already has been registered, the United States Patent and Trademark Office (USPTO) will probably reject your application. Additionally, if a company with the same name and services find out that you tried to apply for the same trademark or are doing business under the same name, they can come after you for trademark infringement. This can be very costly.
The trademark search will cover whether or not there are similar marks out there in the 45 different trademark classes. These 45 different classes, or categories cover all goods and services. 1 through 34 are for products and 34-45 are specifically for services. Because these classes have been around for a really long time and are very broad, it makes it difficult for you to be distinct in the class you are trying to register for.
Step 2 – Application Process
If the search comes back as you being the only person with the name in the specific class you are trying to register, the trademark application process begins. The application is between $225 – $275 depending on which application you use to file with the USPTO. You can either apply for an intent to use or use in commerce. Intent to use means that you don’t yet use the mark in public, but intend to do so in the future. Additional filing fees will incur if and when you decide to use that mark publicly. Use in commerce means that you are already using the mark in commerce publicly. It’s important to note that the application doesn’t get reviewed by the examining attorney until 3 months after you submit the application.
Step 3 – Publication Period
Once everything looks good, your mark moves on the the publication phase. This is a 30-day period of time where the public can challenge your application through the USPTO.
Step 4 – Registration
Once your application makes it through unchallenged, the application will ultimately mature into registration. You’re good to go! You’ll get a certificate from USPTO and your mark is protected in all 50 states.
To Wrap Things Up….
The trademark registration process can be quite lengthy but will protect your mark from trademark infringement in all 50 states. To review the steps, you will want to do a comprehensive trademark search, submit your application, then move to a publication period once everything looks good, then that application will eventually become a registration.
Have any more questions on the trademark registration process? There are also other videos on our channel related to trademarks. Some of them go in depth about the details of the trademark process so make sure to check those out as well! As always, feel free to reach out to us at bertie@inbetterwetrust.com.