How To Register A Trademark For Your Business

Registering your business’s name as a trademark with the United States Patent and Trademark Office gives you several rights and protections, including the exclusive right to use your name in commerce. However, you’ll have to first navigate the trademarking process to make sure your legal rights are protected. As with any legal process, registering a trademark can be intimidating. Here are four easy steps to take to help you get started on registering your trademark:

Select the Right Type of Trademark

To successfully register your trademark, you'll need to select an appropriate type of trademark registration. There are typically two types: trademark and service mark. The difference between the two boils down to one thing: Do you plan on using your trademark in relation to services or products?

With service marks, you can use the trademark for both products and services. A trademark is used exclusively with products. Your other option is to register both; it's not always necessary but doing so offers additional protection.

Choose Between an Intent-to-Use Basis or a Use-in-Commerce Basis

When filing a trademark, you’ll need to consider your intent of use. One way is an intent-to-use basis, which means that you’re promising you will use it in commerce when it is registered though you haven’t yet used it. The other way is under a use-in-commerce basis, which means that you have already started using it in commerce and are filing under your current usage.

Decide which intent of use makes more sense for your business. If you think there's potential value in your brand or logo as an asset, go with intent-to-use.

Get an Attorney

While there are ways of registering trademarks yourself, it can pay to work with a professional. Lawyers like Ian Carter of Carter West Law Firm have experience with trademark registration and can take care of all aspects of obtaining trademark protection for you. You’ll have to spend some money upfront on legal fees, but it will be money well spent. Start your trademarking process by searching for an attorney in your area who is familiar with small businesses or startups.

File Paperwork with the U.S. Patent and Trademark Office

You can’t officially register your trademark with your country’s intellectual property office until you’ve filed paperwork with the U.S. Patent and Trademark Office. The filing fee is $325 but may be much higher depending on how you apply. For example, if you file electronically instead of on paper, your fee will be $600, but it will only take half as long to process your application.

Registering your trademark may seem like a complicated process, but it’s not as hard as you might think. This guide will help you through the most important steps to registering your trademark.