Trademark Your Product Name: 5 Easy Steps | Brealant

One of the most common things that people try to protect with a trademark registration is the name of a product that your firm creates or sells (the other being a service offering). Keep in mind that registering a trademark for a product protects the product’s distinctive name, which identifies it as a good sold by you or your firm. A trademark for your product is the most efficient approach to assure that no other firm can compete with you by selling similar products or goods bearing your brand name. It secures your company’s earning potential. What are your options for trademarking your product’s name? These are the five steps to follow.

First and foremost, you should avoid giving your items descriptive or generic names. If you think about it, such types of names can’t possibly be distinctive — they’re the first attributes or connotations that most people would associate with a similar product. Anything that seems obvious to you, such as “Salty Pretzels” or “Canvas Shoes,” is an example of a name that falls into this category.

What’s the best technique to ensure you have a unique name? Create a new word, which the US Trademark and Patent Office refers to as “coined terms.” Consider the terms Kodak and Kleenex, which have no other meaning beyond the brands they relate to. They’re words that were invented particularly to promote such goods. They also have a lot of uniqueness and brand equity.

Unrelated words or phrases, such as Apple Computers, are frequently successful. Consider Poland Spring water or Energizer batteries, both of which are “suggestive” terms and words according to the USPTO. These names are not only more distinctive than descriptive names, but they also perform a better job of identifying the product than a random or invented name. That said, once you’ve decided on a name for your product, double-check that no one else has already come up with the same name and filed it as a trademark (or is just using it in the marketplace). Getting through the research phase is a crucial part of Step 2.

A trademark attorney is always a vital asset to have in your corner, whether you’re a first-timer or have previously gone through the trademark registration procedure. For starters, they have access to trademark research tools that are equally as powerful as those used by USPTO examining attorneys to establish your name’s distinctiveness and feasibility. They’re also professionals at navigating the trademark process, which can be difficult to navigate at times. In trademark applications, speed and accuracy are critical, and trademark attorneys can ensure that you’re covered in both areas.

A trademark search is more than simply a typical search engine query when it comes to filing an application. You’ll want to look into it farther than the USPTO’s search engine allows. A trademark search ensures that no identical names for similar items exist – yet it’s practically hard to search through all of the various configurations that could be labeled “similar” on your own. Alternative spellings, “sound-alikes,” and altered spacing or formatting of a name are just a few examples of probable name similarities that could result in your application being refused. Remember that a trademark attorney has access to many more resources and has significant experience in ensuring that all possible grounds for similar or easily mistaken names are covered, providing you the best possible chance of success.

This is the point at which the documentation, as well as the supporting materials, becomes more serious. To trademark a product, you must thoroughly and precisely fill out all of the relevant sections of the USPTO application. You’ll need information like the trademark owner’s name, a legal description of the items the trademark will protect, the date of your first use in commerce (or a claim for intent-to-use), and a correspondence address where the USPTO can send examination questions (this would be the address of your trademark attorney should you hire legal counsel for the process). One of the most common reasons trademark applications are delayed or sent back for clarification is because of errors at this stage. A badly filled out, incomplete, or incorrect application could result in rejection, which is something you really don’t want to happen.

After your completed application has passed the initial vetting process, a USPTO examining attorney will undertake their own evaluation of your product name to ensure that your trademark has no similarity to or risk of confusion with another mark. As you may expect, this procedure can take a long time. It will take several months for your application to be reviewed due to a constant backlog of applications. After that, the process of getting a final registration can take even longer – it usually takes around 8 months from the time the trademark application is filed to the time the final registration is received.

You can notify the public that you have a registered trademark – with the small circular “R” next to it – when the product trademark has been approved and registered. (You can use the little letters “TM” before this.) Make sure you’re doing everything you can to preserve your trademark, such as keeping an eye out for potential similarities with other companies and preventing your product name from becoming “generic.” The trademark registration will also require frequent renewals.

And there you have it: the five stages to trademarking your product from beginning to end. You’ll have the best chance of success if you’re creative, diligent, and thorough throughout the process – and if you use  all of the resources accessible to you