Tips for filing a federal trademark application

When starting a business, there are many things to take into consideration. One of these is whether or not to obtain a trademark for your business.

A trademark helps to protect the words, names, symbols, or other distinguishing characteristics of goods and services provided by a business by legally preventing anyone else from using them. Examples of trademarks include the apple for Apple Computer, the roar of the MGM lion in movies, and many others.

Why get a trademark?
There are many reasons businesses obtain trademarks. They include:

• Develop an identity. Your trademark gives you a unique identity that no one else can use and helps people recognize your mark and associate it with your business or services.


• Legal protection. With a registered trademark, you can legally stop anyone from registering or using your mark or a similar mark. After five years, your trademark becomes incontestable.


• Internet protection. A trademark protects other businesses from fraudulently using your name on the internet and stealing business from you. In addition, no one can enter an internet domain address that in any way infringes on your trademark.

Tips for filling a federal trademark
Filing for a federal trademark has a number of steps and can be tricky. The following tips will help you to correctly file your federal trademark application:

• First, decide what you want to trademark. This is called your "mark" and can be a logo, slogan, or something else you want to protect as your own. You will use your mark in what is called interstate commerce, which means within the country and not just one state (this is important because the federal government only has jurisdiction over national trademarks).


• Register your trademark. Most people will do this online at the The U.S. Patent and Trademark Office (USPTO) website, www.uspto.gov by filling out an application and supplying information. Things you will need to provide include a description of your trademark, when you first began using it, the types of products and services on which you will be using your mark, and what type of classification you think the mark should be registered. Don't be intimidated by this; even though there are over 40 different classifications, the online help tool will help you find the right one. In addition, you will need to provide a drawing of your mark (if you are doing it online, you can attach a file of a graphic image or photo), samples of how your mark is currently being used, and the registration fee. Costs for this range from $275-375.


• File your application. You can do this online or by mail. USPTO will allow you to file online or mail the information in. As a general rule, it's faster and easier to submit it online.


• Consider a trademark or patent attorney. If you are unsure of how to properly go about filing for a federal trademark, it might not be a bad idea to hire a trademark attorney. Not only will he make sure the necessary information is included in the application process, but he or she will also handle any complications or additional information needed after you have filed, which can be confusing.

A federal trademark is an excellent way to protect the slogans, symbols, or words that set your business apart. The above are some helpful tips for filing a federal trademark application.

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