What are the steps I need to take to register my company's trademark?
To register a trademark for your company, you should follow the steps outlined below:
- Conduct a trademark search: Before registering a trademark, it is essential to conduct a thorough search to ensure that no other company is using the same or similar mark. The search helps to avoid infringement issues and ensures the new trademark is distinctive. You can conduct a search yourself or work with an experienced trademark attorney to help you conduct the search.
- File a trademark application: After conducting a trademark search and finding that the mark is available, you must file a trademark application with the United States Patent and Trademark Office (USPTO). The application must include a description of the goods or services to which the trademark applies and a specimen of the mark.
- Wait for examination: After filing the application, the USPTO will examine it to ensure that it complies with all requirements. If everything is in order, the USPTO will approve the application, and the mark will be published in the Official Gazette, which opens a period for opposition.
- Publication and Opposition: The trademark will be published in the Official Gazette for 30 days, and if no opposition is filed, it will proceed to registration.
- Registration: If no opposition is filed, the mark will be registered, and the owner of the mark will receive a certificate of registration. The registration lasts for ten years and can be renewed for successive ten-year periods.
It is important to note that while registering a trademark is advisable, it is not a requirement. Owners of unregistered trademarks may still protect their marks under common law, but the protection provided is less extensive than the protection provided to owners of registered trademarks.