how to claim trademark [With Pictures]

Last updated : Aug 21, 2022
Written by : Cecila Arai
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how to claim trademark

How do I get a TM for a product?

Where do you get a trademark for your product name? You get a product trademark from the U.S. Patent and Trademark Office (USPTO). To get a trademark for your product name, you need to apply to the USPTO and then navigate an examination process. Product trademarks are granted by the USPTO.

How much is a trademark in Maryland?

To apply to register a trade or service mark, a person files: an application on a form prepared by the Secretary of State; three (3) specimens of the mark as used in commerce; and. a fee of $50 (check made payable to the Secretary of State).

How long does a trademark last?

A federal trademark lasts 10 years from the date of registration, with 10-year renewal terms. Between the fifth and sixth year after the registration date, the registrant must file an affidavit to state that the mark is still in use.

How much is a trademark?

No matter how you file, you will pay a minimum of $250 to apply for a Federal trademark. But considering the importance of your trademark, and the potential complexities you face when filing, it's not a bad idea to use a lawyer or filing service.

Do I need to trademark my business name and logo?

Summary. Registering your business name for a trademark isn't required in order for you to have trademark rights. However, a registered trademark can provide greater protection for your brand while helping you build your brand and drive business growth.

Do you need to trademark a logo?

By simply having a logo, you have what's known as a common law trademark for your logo. That means that, without doing anything paperwork-wise, you have the sole legal right to use and amend that logo as you see fit. But without an officially registered trademark, that right isn't as secure as it could be.

How much is it to copyright a logo?

What Does it Cost to Trademark a Logo? The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) is $275–$660 as of June 2020, plus legal fees. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection.

What are the three types of trademarks?

What you'll learn: Arbitrary and Fanciful Trademarks. Suggestive Trademarks. Descriptive Trademarks.

Can you lose a trademark if you don't protect it?

If you don't enforce your trademark, you risk losing reputation, business, sales, customers, and more to the infringer. There's also a concept in trademark law called abandonment. Generally, if you don't use your mark for three years or more, it's considered abandoned.

How long does a trademark take to get approved?

Usually, the process takes 12 to 18 months. Registering your trademark is a complex procedure that involves your application moving through various stages. Learning about each stage in the process will help you understand why getting a trademark takes as long as it does.

How do I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

How do I copyright a name?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. The simplest way to register is on the U.S. Patent and Trademark Office's Web site,

How can I trademark my logo for free?

Can you trademark your logo for free? You can not register a trademark for free. However, what you can do is establish something known as a "common law trademark" for free. You can do this by simply opening for business.

Should I get an LLC or trademark first?

LLC comes first. If you plan to structure your business as an LLC , then you should form the LLC first because the LLC will be the trademark owner. So, the LLC MUST exist before the trademark is filed. Every trademark has an owner, and the owner is usually the person or business that is using it.

What is the most common reason that a trademark might be rejected?

Likelihood of confusion is the most common reason an application will be rejected by the USPTO. Essentially, if there is a high probability that the general public will confuse your trademark with someone else's (already existing) trademark, your registration will not be granted. The two marks need not be identical.

Should I copyright or trademark my business name?

A trademark can protect your name and logo in case someone else wants to use them for their own purposes. Also, you cannot really copyright a name, since copyright protects artistic works. This is exactly why you need to have a trademark that protects your company's intellectual property, such as your logo.

Can I put TM on my logo without registering?

The (TM) symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the TM symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO.

Can I apply for a trademark myself?

Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark. Certain procedures are to be followed to apply for a trademark. An application is filed.

How do I know if my trademark is approved?

It is fairly easy to check your trademark registration on the USPTO website, at Enter your trademark serial or reference number on the Trademark Status and Document Retrieval (TDSR) page to receive the status of your pending and registered trademarks.

Is it better to trademark or copyright a logo?

How to legally protect your logo design. To protect your logo, you need a trademark or service mark (trademarks are generally used for products, while service marks are usually applied to services). You should not copyright or patent a logo design.

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how to claim trademark

Comment by Emeline Brocato

hi everybody trademark attorney Josh grobin and welcome to episode 10 of ask a trademark attorney today's question is how do I claim an abandoned trademark so if you've gone on the USPTO website and you see a trademark is dead or abandoned a lot of people think that they can then just go and file for the trademark and acquire it themselves unfortunately it's not so easy a couple of things you really need to be aware of here one if the company that filed the trademark that's now dead or abandoned is still using that trademark to offer goods and services they would have a common-law right in the trademark so if you try to file and get the registration or start using the trademark yourself you could actually still be in violation of trademark rights they have and still get sued for trademark infringement the second thing to be aware of is there's probably a reason that trademark is dead or abandoned and one of the reasons could be that it was refused because it's too similar to another trademark so keep in mind that when trademarks are refused registration it's not always because there's an exact match to that trademark it could be something similar that the person that filed the original trademark is not aware of so if you go to refile the trademark you may end up finding you have the same refusal as the initial party you may also be infringing on the other trademark that's already registered that caused the refusal of the trademark in the first place ultimately if a trademark is truly abandoned or dead you can refile for the trademark and obtain the registration but you just have to file your own application and start from scratch you're not going to be able to go in and take over anybody else's trademark registration or application you just you really need to start from scratch on your own in the vast majority of cases so keep in mind that a claiming and abandoned trademark is not just as easy as it may seem and you're very likely to have to apply for the trademark yourself and go through the entire trademark application process to get that particular trademark registered I hope you found this video helpful and I'll talk to you next time you

Thanks for your comment Emeline Brocato, have a nice day.
- Cecila Arai, Staff Member

Comment by Raven

hey everybody andy nelson purpose of this video today is to show you a great example how a company tells consumers and competitors that they are claiming trademarks right here on this box so i got some squirt guns for my kids this weekend i looked at the box afterwards i had to keep this thing to show you exactly how it is done so this company right here um it's got a house name this is the house mark right here zero the big house brand name x shot that's the product so otherwise you might just think oh it's just a model name but no no no they put in tm here oh they want consumers to recognize that this is something that they really want to us people to associate with their brand with their source so you can expect that they're going to use x shot as a repeating model name over the years and they really want everyone to think x shot x shot here they think one source not uh f shot by that company and they act shot by that company they want you to think of one single company and then the real interesting one so right here fast fill tm fast fill anywhere oh it's just a sentence just tells you can fill it faster really quickly but no fast fill and they tell you that's a trademark anywhere yes it's part of a longer sentence but they want you to recognize fast fill as they think as having a distinct commercial impression so you think you hear a fast fill you hear it you see it you think of this one company even if you don't know zero you think there's one manufacturer that makes squirt guns that's the fast fill company or what have you um here's a great house they do this so they also put it on the back we fast fill in one second again they put it they put the tm next to it but they also put it in different coloring see how it's different in different color um than the one second part so that gives it a distinct commercial impression that helps build that awareness with the consumer that's a trademark that's a symbol of this company's brand um fast fill anywhere tm 2x fast fill tm so every time fastbill appears on this box and it's in other places as well the tm is next to it tm meaning trademark meaning this company is saying hey consumer please associate this symbol this pair of words with my brand with one single source of goods and at the same time messaging two competitors that's my trademark you know whether it's legally valid or not you know remains to be seen if it gets challenged in court who knows but you know i'm claiming it claim is a trademark step off back off don't go speedy filled or fast filler or anything that might lead to consumer confusion ah this is a trademark of mine and consumers associate this symbol with my brand and one source one source alone so anyway this once again is a great example uh look at the products you see on the shelf you're gonna see the same thing you're gonna see other products um that are doing the same thing and you're gonna see some products that are doing it badly so you need to be one of the companies that does it the right way anyway just like this here use tm or sm for service marks if you're selling services as opposed to goods but use that consistently repeatedly right next to your marks uh when you don't have them registered and you will start to build that association with uh your consumer and you will also be telling competitors to back off now of course if you do end up getting a federally registered trademark and then you can graduate if you will from that tm or that sm to a circle r and competitors sophisticated ones definitely know what that means means it's a registered trademark and it means that you've definitely gone to the lengths of obtaining that federal trademark registration which means you are serious extra serious about your brand but in the meantime use that tm just like these folks did and you will build and maintain and build your brand distinctiveness anyway that's it if you have any questions about this video drop me a note send me a message if someone uh would benefit from this feel free to share it uh have a good one we'll talk soon bye

Thanks Raven your participation is very much appreciated
- Cecila Arai

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