Trademark blog

When applying for a trademark there is a list of requirements you must meet. It is crucial to keep in mind when applying what the USPTO is looking for. Some key things to keep in mind are that your application becomes a public record, determining what kind of trademark you are registering, there could be trademarks that are similar to yours, identifying and classifying your goods or services, knowing your filing basis, and how to choose your application form.

First, consider what kind of trademark you want to register. Trademarks can be either a standard character trademark or a special form trademark. The type you choose affects the scope of protection and submission requirements. Additionally, before you register you should do a search to make sure your mark is not already registered by someone else, applied for, or if there is a confusingly similar one already registered using the TESS (trademark electronic search system).

Next, identify and classify what goods and services your trademark is the source identifier of. Using the trademark ID manual, you can look at what goods and services you’re offering. Keep in mind, the number of goods and services you include affects the price of your application. Further, know that your filing basis is required when applying, so know what statutory authority you are using to meet the requirements. Also note that if you are an international filer, there are additional filing bases for you. Foreign registration or application bases allow you to use a foreign trademark registration or application as a basis for registering your trademark in the United States (Section 44 filing bases). Further, the Madrid Protocol allows you to extend the protection granted by a foreign trademark registration into the United States. This is known as a Section 66(a) filing basis.

To apply, use the Trademark Electronic Application System (TEAS). Interested in registering a trademark? Enlist the help of the professionals at The Center for Financial, Legal, and Tax Planning, Inc. Please contact us at (618) 997-3436 for more information.