How To Register A Trademark
 By Stephen A. Lanvil

A trademark is a word, phrase, symbol or design that distinguishes your products from competitors’. (For services, a service mark serves the same purpose.)

Trademarks are unlike copyrights, which protect original artistic or literary works. Patents protect inventions.

It’s unnecessary to formally register your trademark. Your rights are established based on what the government calls “legitimate use” of the mark.

Nevertheless, owning a federal trademark registration has advantages. It puts others on notice of your ownership.

In court, it’s legally a presumption of ownership and the exclusive right to use the mark nationwide for the goods listed in your registration. It also permits you to bring federal court actions against infringers, and is a basis for obtaining registration in foreign countries.

A registered trademark also gives you the ability to file with the U.S. Customs Service to prevent imports that infringe on your trademark.

You may use the “TM” (trademark) symbol any time you claim rights, irrespective of whether you have an application on file with the U.S. Patent and Trademark Office. The use of the federal registration symbol ® is limited, however, to registered trademarks, and may not be used while an application is pending.

It’s unnecessary to hire an attorney to make your application. But, if you do, the government will deal only with the attorney, not you.

How To Register Your Trademark
You can register your trademark on the Internet. Use the Trademark Electronic Application System at http://www.uspto.gov/teas/index.html to file an application.

The site includes help sections and a validation function so you won’t leave out needed information. The online process also immediately results in an e-mail receipt with your application serial number and a summary.

The government prefers electronic filings. But, you also may apply at any Patent and Trademark Depository Library. You may mail or hand-deliver a paper application to the Trademark Assistance Center, James Madison Building - East Wing, Concourse Level, 600 Dulany Street, Alexandria, VA. Telephone 800-786-9199 to get a printed form, but applications may not be faxed.

Applications must include:

• The applicant’s name

• A name and address for correspondence

• A clear drawing of the trademark

• A listing of the goods or services

• A filing fee for at least one class of goods

Paper applications are assigned a serial number and a filing receipt. Whether your receipt is on paper or by e-mail, review it for accuracy and notify the office of errors.

Your Trademark Drawing
Your application must include a clear drawing of the mark.

If you prepare the drawing yourself, use white, non-shiny paper, 8.5 inches by 11 inches. The mark must be no larger than 3.5 inches high by 3.5 inches wide. The heading on the drawing page should have the applicant’s name, correspondence address, listing of goods and the dates of use (if already using the mark in commerce), or the words “Intent to Use.”

The drawing should appear below the heading in the middle of the page in either a standard character drawing or a stylized drawing. You may submit a standard character drawing if:

• All letters and words are depicted in Latin characters

• All numerals in the mark are depicted in Roman or Arabic numerals

• The mark includes only common punctuation

• The mark does not include a design element

If the style of lettering is important or the mark includes color or a design or logo, select the “stylized or special form” drawing format, according to the application’s instructions.

The page should show a black and white image of the mark unless color is claimed as a feature, no larger than 3.5 inches by 3.5 inches. The drawing must be what the government terms “a substantially exact representation.”

To register a mark in color, submit a color drawing and name the colors. Submit a separate statement describing where the colors appear on the mark.

More Trademark Rules

• Use clear, concise, easily understood terms to list specific goods to be associated with the trademark. For a listing of acceptable wording for goods and services, go to the office’s Acceptable Identification of Goods and Services Manual, at http://tess2.uspto.gov/netahtml/tidm.html.

• To determine application filing fees, visit http://www.uspto.gov/web/offices/ac/qs/ope.

• To maintain your trademark, periodically file “Affidavits of Continued Use or Excusable Nonuse” and “Applications for Renewal.” Forms are available at http://www.uspto.gov/teas.

(Posted October 2007)

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