How do you get a trademark?

While some people choose to hire attorneys to guide them through the trademark application process, others choose to use a trademark research firm, which can cost thousands of dollars less. It is important to remember when hiring someone to do your research not only to look in federal and state trademark registries for name similarities, but also in common law lists.

Many people are under the impression that they can conduct their own comprehensive search using the help of search engines in addition to the United States Patent and Trademark Office (hereinafter referred to as USPTO). While it is a good idea to become familiar with the USPTO website, people sometimes believe that the data they collect from this website is truly representative of the trademark names in use today. The USPTO website is never a complete way to search for the name you hope to register! The website is not updated periodically, and in addition to this, you can ONLY search federal trademark registrations with the USPTO, NOT State Trademark Registries OR Common Law Registries.

It is imperative to search federal and state trademark registrations Y Common law records because it is the the only way to make sure your search was comprehensive. Federal and state trademark registries look for companies that have a federally registered trademark or those that have registered a state trademark. When searching for these records, any pending or registered federal or state trademarks will be visible to the investigator. Common law registries look at companies that are in business but have not necessarily applied for a federal or state trademark. When searching for common law records, thousands upon thousands of newspaper articles, city business lists, periodicals, incorporation lists, DBA, LLC, etc. they are examined for name similarities. Although these companies do not have a trademark, they may have “first use rights” to the name. This could mean that they still have ownership of the name within their business area AND the ability to take legal action if they determine that your name and business are the same or similar.

If the investigation is clear, the next step is to prepare and submit the application. Anyone can do it; However, the USPTO is very particular about as the application is ready, so it is better to leave it in the hands of professionals.

Three steps: federal and state trademark search, US national common law search, and application preparation and filing, and the trademark could be YOURS!