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hi everyone my name is Marcela Dominguez and if you are watching this video it is because you have asked yourself on more than one occasion what website do I go to or how do I go to when I need to protect my brand your brand can come in various forms such as a business name a tagline or a logo a slogan or a sound so if you have asked yourself where in the heck do I need to go to protect my brand then you are in the right place the USPTO wait a minute wait a minute the USPTO stands for United States Patent and Trademark Office and the United States Patent and Trademark Office is the website that you will use to file a trademark application a trademark what do you mean a trademark well a trademark is what will help protect your brand so as I said your brand can come in the form of a business name a slogan a tagline and even a sound but in order to protect any one of those four or all four of those you will need to go to the United States Patent and Trademark Office website uspto.gov is where you will find the application that you can fill out to inform the USPTO about your business your business address how you're using that brand or if you're not using your brand then then how you are when you are going to start using your brand so uspto.gov is your one-stop shop for filing your trademark application and for securing and protecting that name or that brand in a particular class so just because you go to the USPTO website and you file an application let's say for a beautiful logo that you really worked hard on it doesn't mean that no one else is going to be able to use that logo in any category you see whenever you file an application with the USPTO you are going to be forced to select an identification of goods and/or services what that means is you need to be able to tell the spc oh how you are going to use your mark or how you are currently using your mark so you can't tell the USPTO I want to file a business name for Nike and I don't want anybody in any category to be able to use it it doesn't work that way so when you file the application for the word or the business name Nike you have to select the identification of goods or services and in this case that identification would be for clothing clothing can be more specific such as pants skirts hoodies tees tank tops you catch my drift so what that means is that whenever you file that application no one will be able to use a similar name or the exact name in that category of goods or services of clothing now the USPTO offers three different types of applications the most expensive being two hundred and seventy-five dollars now there are a couple of differences which you will be able to read about at uspto.gov but I can tell you that one of the differences is that when you choose the most expensive application to file you will be able to input your class your identification of goods and services as opposed to selecting from a list with the two hundred and twenty-five dollar application now if you're somebody that is not quite sure of what you're going to be using in the future or you're simply not quite sure how to word it in an acceptable way for the United States Thailand trademark office then selecting from the list might be a good way for you to learn about what exactly a goods and services list looks like and what options are out there for you to choose from now if you go through an attorney more more likely than not the attorney will probably choose the two hundred and seventy five dollar application but that's because they know exactly how to input the identification and maybe there are you know customizable necessities that need to go into your application so the two hundred and seventy five dollar option is good for that now the United States Patent and Trademark Office website has lots of different reason since they also have some videos they have information that describes an intent to use application and actual use application they have a goods and services manual where you can look up the different identifications of goods and services so if you go on there in your spare time then you will be able to read up on exactly what is going to happen to your trademark application and what you should expect during the application process if you try calling the United States Patent and Trademark Office because you have questions then more likely than not they will tell you that they are not attorneys that can help you or give legal advice so that is where lawyers come in and help walk you through the process and help answer your questions to be honest that's the reason why I create informational videos like these I want to help you understand a little bit more about what you're getting into if you decide to file a trademark application and that is not always easy because let's be straightforward who wants to go through an entire website to learn about the process I certainly wouldn't want to luckily for you I have created so many videos on this trademark application process that you can watch in my channel so do me a favor and hit the red button below and subscribe to my channel so that you can be notified whenever I release new information my goal is always for you to learn more than you knew when you started watching this video so if you have questions about the United States Patent & Trademark Office and how it works or how this whole trademark thing applies to you and your specific situation then leave me a message in the comments below better yet leave me a thumbs up so I know that you appreciated the content of this video I'd be more than happy to accept your private messages through email which I will leave down below I look forward to helping you out in the future and if not then I hope that you continue to watch these videos and learn more than you knew when you started watching
Thanks for your comment Tyler Ohotto, have a nice day.
- Colin Wischmeier, Staff Member
hi everyone I'm attorney aid in Durham with 180 lock Oh in Denver Colorado and you're watching all up in your business in this episode of all up in your business we're going to talk about the steps to take to trademark a name a business name or a product or service name and these steps are also going to apply to trademarking a logo but there are a few little differences if you're doing a logo versus trying to trademark a name but first before we get into it huge announcement coming at you March 4th is brandish DIY your trademark application during this one-hour webinar and mini workshop I'm going to teach you step by step how to prepare for complete and submit a trademark application without a lawyer and registration opens soon so if you want to learn the exact steps to take to file a trademark application without a lawyer check the description below for a link to get on the waitlist and to get some special early bird discount opportunities - all right let's talk about how to trademark a name the first step before you go trade marking anything is make sure it's something that's worth trademarking what makes a name more or less worth trade marking it really depends on how strong or weak it is a weak trademark is one that is more generic or common or descriptive versus a strong trademark which is something that's very arbitrary or very distinctive very creative and so the stronger your trademark is the stronger the trademark registration is going to be so if you have a really weak trademark something that typically makes it weak is if it's very descriptive of your goods or your services or if it's primarily your last name something like that makes a trademark on the weaker side and with a weak trademark if you register it all you have is a registered weak trademark and your trademark rights will ruffle to that if you have a weak generic trademark name your rights to enforce that trademark are gonna be somewhat limited and weaker versus if you have a very arbitrary name that's a stronger trademark then your registered trademark rights are gonna be a lot stronger to a few examples of very strong trademarks are like Google Google wasn't even a word until Google came out and created it so any like brand new word or creating a new word creating a new sound combining words to create something new that's the best thing you can do is create a brand new word or a brand new trademark that no one's ever seen before that's gonna make it stronger versus a weaker trademark so if we've decided that it's worth pursuing a trademark registration the next thing we want to do is make sure it's available to even register and use in the US a good first place to start with searching for your trademark availability is of course Google or your favorite search engine type in the trademark that you're looking to register and see what comes up if there's a bunch of other business listings for similar types of products or services if the exact trademark that you want comes up a lot or if there are a lot of similar variations then that might be a little red flag that maybe this trademark has already taken or if it's not taken necessarily registered if there's a lot of competition with that trademark that's going to affect how strong and distinctive your trademark is so if you're seeing a lot of similar variations of your trademark or identical trademarks then you might want to think about how that will impact your registration and then after doing a Google search you can also do a search on the Whois database to see what kind of domain name registrations already exists that incorporate your trademark or something similar to it and then the USP tA-o has a really good search database available - this allows you to search for pending trademark applications and registered trademarks that might be identical or similar to yours so if you go to the USPTO s website its uspto.gov and you'll navigate to their tests tes s system and this is where you're gonna do that search and you'll usually be able to do just a basic word search for your name now this is where the difference comes in if you're trying to trademark a logo then you'll want to do a design search which is a bit more complicated than just a basic word search so here you can type in the trademark name that you're wanting to use for this example I'm gonna type in all up in your business and then we'll see what comes up so let's say you were wanting to register your trademark all up in your business for your local ice cream shop we see here there is an active live registration for all up in yo business so what's important to note if you do find trademarks that are identical to yours or kind of similar to yours pay attention also to the goods or services that are associated with that registration there are two things primarily that go into trademark applications and trademark registrations the first is the similarity of the trademark itself the second is the similarity of the goods or services so if I'm opening an ice cream shop called all opinio business this current all up in your business registration is for like legal services and things that have absolutely nothing to do with ice cream or ice cream shops so with this finding I am relatively safe feeling like I can proceed with my application because there aren't any that are so similar in trademark and in the goods and services that it's likely it'll get through but if you do find something in the database that is kind of similar to your trademark and goods or services are somewhat related or if they're identical then again that's a red flag that you're going to want to take into consideration and maybe go back to the drawing board because if someone else already has that trademark registered in a very related category of goods or services that's going to impact how your application goes and whether or not you're going to get that registration you can also use some third-party trademark search tools there are companies out there that will do a very thorough trademark search these aren't lawyers or law offices they're just trademark search companies that will search the USPTO and common-law usage and even international usage and then what they'll do is they'll compile all the information and give you typically this very large report summarizing what they found now if you're not a lawyer and you don't know how to actually interpret and analyze those results it may not do you a whole lot of good to pay for that kind of a search but if you can figure out how to analyze what you're looking at then using one of those services for a pretty extensive search is a good idea but really the best option is to use an attorney to help you with this clearance search because the attorney is gonna not only know what to search for but they're also going to understand what they're looking at and they're gonna know how to analyze that in the context of your trademark and determine what it actually means for the fate of your trademark application so if we've determined we want to file the application and the trademark is available the next step is to start using the trademark now ok
Thanks narisanihh your participation is very much appreciated
- Colin Wischmeier
About the author
I've studied computer communications (networks) at Snow College in Ephraim and I am an expert in paleoradiology. I usually feel bewildered. My previous job was fire investigator I held this position for 10 years, I love talking about dance and bodybuilding. Huge fan of Avani Gregg I practice horse racing and collect sports cards.
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