How to Trademark a Product or Service

How to Trademark a Product or Service

How to Trademark a Product or Service

At a fundamental level, Trademark protects the names, symbols or slogans for products or services that you sell.

A trademark identifies the source of goods and lets the public know that the good or service comes from you and not from someone else. 

Your trademarks, domain name and business name become more recognizable and consequently more valuable with extended use in the market place.

 

Why Trademarks are Important

Trademarks are CRUCIAL. Trademark allows your customers to trust your brand and name. 

Whether you’re a business person looking to sell a product or offer a service or an artist, trademark plays a significant role in the protection of your rights. Trademark allows you to protect the great value of your product or service.

 

Consult with a Trademark Attorney Before Starting

Always consult with a trademark attorney before making any trademark decisions.

While an applicant can technically file his or her own trademark application, trademark attorneys who are familiar with trademark matters represent most applicants.

Before ever filing a trademark application, a trademark attorney can conduct a more comprehensive search for potential problems. Further, the trademark lawyer can counsel you regarding the use of the mark and give guidance on how to file a trademark application and advise you on the success rate for your trademark application.

 

Don't Face Legal Problems Later

Further, the filing of a trademark application contains numerous legal requirements and strict deadlines that only a trademark attorney would know about.

Most trademark applicants use a trademark lawyer for filing application, and for receiving legal advice regarding the use of trademark. A trademark attorney may help you avoid potential legal drawbacks. Common legal assistance that a trademark lawyer can provide with your trademark needs include:

  • Registration – this includes filing the Trademark Electronic Application System application.
  • Clearance Search – Search of federal and state trademark registration databases (Trademark Electronic Search System (TESS) and Secretary of State website) to search for marks that are similar before filing. The purpose of the search is to help determine whether a "likelihood of confusion" exists, i.e., whether any mark has already been registered or applied for at the USPTO that is (1) the same OR similar to your mark; and (2) used on related products or for related services.
  • Cease and Desist Letter - A document written by an entertainment lawyer sent to an infringer to halt purportedly unlawful activity.

 

What to do After You File a Trademark

After you have filed a Trademark, you wait until you hear from the Trademark office, which is in 3 to 4 months. And they will either give you a Notice of Allowance (NOA) and you have 6 months from the Notice of Allowance date, or send an Office Action and then you move on from there.

 

For more information regarding Trademarking, please visit http://www.mollaeilaw.com/copyright-trademark/

 

Sam Mollaei, Esq. from Mollaei Law can be reached @ (818) 925-0002 or by visiting www.mollaeilaw.com