While you do not need to obtain a trademark to claim your rights and use the symbol TM, it is beneficial for several reasons. It gives you the legal ownership of the mark and, therefore, the legal basis in federal court concerning your mark. It also gives you the ability to register your mark in foreign countries as well as with the U.S. Customs so that they can preclude any attempt to import foreign goods that may be infridging your mark. Once the registration process is complete and approved, you can change the TM after your mark to ®.
Instructions
1. Determine if you need to register a trademark, patent or copyright. According to the United States Patent and Trademark Office (USPTO), you will register for a trademark if you are seeking exclusive legal rights to a word, phrase, symbol or design or a combination of words, phrases, symbols and designs. All of which is meant to distinguish and identify your goods from that other goods from another party.
2. Check to see if your mark is already registered. Even if your mark is an original idea, it is best to be sure that no one else has registered the same thing. Use the Trademark Electronic Search System (TESS) database. (See Resources.) If part of the originality of your mark has a design element, like letters forming a specific shape, you will need to use the proper code. Use the Design Search Code Manuel for this purpose. (See Resources.) You can also search for your mark at the Trademark Public Search Library in Alexandria, Virginia. In addition, you can search at a Patent and Trademark Depository Library located throughout the country, which uses a CD ROM. However, these do not include marks with a design element.
3. Determine if you need a lawyer. While the USPTO says you do not need a lawyer to file a trademark, it may be something to consider if you find the process overwhelming or would just prefer it that way. If you do hire a lawyer, the USPTO will maintain communication with him rather than you.
4. Compose a description of your goods or services that will be associated with your mark. When you go to fill out your registration form, you will be required to effectively communicate what goods or services your mark will be used for. If you are unable to convey this clearly, they will return your application. You may wish to visit the Acceptable Identification of Goods and Services Manual for examples. (See Resources.)
5. File your trademark registration form. The USPTO prefers you use the Trademark Electronic Application System (TEAS). Using the Internet, you may fill out your entire application, submit and pay. On the homepage of the application, there is access to step-by-step tutorial guides, links to important information pertaining to trademarks, and tips on filing a trademark. If you choose not to use TEAS to file your application, you may contact the Trademark Assistance Center at (800) 786-9199 or (571) 272-9250 for a paper form.
6. Wait for a filing receipt of your application. If you used TEAS, you will receive by email, a summary of your filing and a serial number. If you filled out your application by regular mail, it will take about two to three weeks for the filing receipt and serial number.
7. Monitor your application's process. Use the TARR database to monitor any progress that concerns your mark
8. Wait for a response to your application. The USPTO will give you an initial response within five to six months. However, depending on several factors, including any legal issues, the total process could take several years.
