Here’s a simple, step-by-step guide on how to trademark your company name at the U.S. Patent and Trademark Office (USPTO).
If you are looking to trademark your company name, logo or slogan, you’re in the right place. The trademark attorneys at Flat Fee Trademark offer first rate trademark search and registration services for individual entrepreneurs and small business owners at affordable prices.
Consider Working with a Trademark Attorney
You are not required to hire a trademark attorney to file a trademark application at the USPTO. However, doing so may save you valuable time and money, as the federal trademark registration process can be quite complicated. There are several steps in the process where failure to properly understand how trademark law works can result in irreparable harm to your trademark application.
A knowledgeable experienced trademark attorney can assist in checking the availability of your company name before filing the trademark application (through a Comprehensive US Trademark Search), and also ensure the trademark application is accurately completed and filed. These early steps help to avoid unnecessary refusals down the line.
Start with a Comprehensive Trademark Search
The most important step to trademarking a company name is the trademark search. A comprehensive trademark search provides some reasonable assurance that the name you want to protect is available and not already in use or registered by someone else.
This helps to avoid refusals based on likelihood of confusion at the USPTO, and also avoids legal action from interested third-parties who may already have rights in the name.
A comprehensive trademark search checks for identical marks, as well as similar variations of your company name, and the goods or services offered to ensure there is no potential conflict once your trademark application is filed.
The Trademark Application
If your comprehensive trademark search shows that your company name is available for use and/or registration, the next step is preparing the federal trademark application. If you are working with a trademark attorney, he or she will prepare the electronic trademark application on your behalf.
The trademark application includes the name, address and citizenship details of the trademark owner (if the owner is a corporation or company, you must include the state of incorporation).
You must also include the company name being trademarked, a specific description of the goods and/or services offered in connection with the trademark, and a specimen showing how the mark is used in commerce.
A proper specimen may be packaging or labels affixed to your goods, a website screenshot, a brochure, menu, or signage, depending on the goods or services you offer.
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