The two main things you
need to register for a trademark are
money and a little homework. The homework comes into play when selecting your
mark. You need to first conduct a trademark search to assure it’s available for
use. After doing the search, you need to ensure that you have a mark that can
be protected in the first place. Not all marks are may be protected, for
whatever reason, whether another owner has a legal claim to it or because it is
too weak, or anything in between. In your application make sure to include (as
per the USPTO website):'
-A completed application
form submitted in hard copy or electronically as noted above.
-The appropriate fee.
-A drawing of the mark
to be registered - this is true even if the mark is just an unstylized word.
-Specimens of use of the
mark if the application is based on actual use in commerce.
Although it’s not
required, it’s highly recommend hiring an IP attorney to guide
you through this process. There are many requirements, strict deadlines, and
non-refundable filing fees, all in a system that is not forgiving in case you
mess up. An attorney will do the research to make sure the mark isn't already
taken, ensure the filing gets accepted by the USPTO, and provide sound legal
advice throughout the whole process.
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