Should I Get Legal Help for Trademarking a Name?

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Craige Thompson

Craige is an experienced engineer, accomplished patent attorney, and bestselling author.

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Possibly the most important identifying information helping your customers to find your business and its products or services is the name of the company, the product, or both. Having a business name registered as a trademark can increase the value of your business, giving it legitimacy and ensuring any potential buyer knows you have taken steps to protect the brand. Read on to learn the 5 major steps in acquiring a trademark for your business or product name, then call Thompson Patent Law at (512) 649-1046 to get the advantage of our trademark attorney’s 20-plus years of experience and knowledge in registering trademarks.

Step 1: Decide if the Trademark Process is the Correct Choice for You

Trademarks, copyrights, domain names, and business names are all things that can be registered in different ways. While your business name will likely be registered in your home state through the Secretary of State’s office, it is also possible to trademark your business name to protect it from being used by competitors. A skilled trademarks lawyer can help you determine when and if you should trademark your business name.

Step 2: Prepare for the Trademark Application Process

First, you need to choose a name that you would like to trademark and ensure that it is registrable. You will need to determine your filing basis from a list of four that are available, and be prepared to state the format of the mark and identify the specific goods and services with which the trademarked name will be associated. It is at this stage that the United States Patent and Trademark Office (USPTO) “strongly encourages” American filers to hire a U.S. licensed attorney who specializes in trademark law, like one of our attorneys at Thompson Patent Law. For foreign nationals filing for a U.S. trademarked business name, hiring an attorney is a requirement.

Step 3: Prepare and Submit Your Application

Your trademarks attorney will help with this process to ensure that all requirements are met and will file the application for you through an electronic system. Monitoring the status of your application is crucial, and is another area in which an attorney specializing in trademarks can help. At Thompson Patent Law, we have worked with hundreds, if not thousands, of clients seeking trademarks and we bring all of our experience and knowledge to every trademark application. Call us today at (512) 649-1046 to get started on registering a trademark for your business name.

Step 4: Work with the USPTO Attorney Assigned to Review Your Application

Your application will be assigned to a United States Patent and Trademark Office attorney for review. If the examining attorney finds that there are reasons that the trademark should not be issued, you will have an opportunity to respond with further evidence and legal reasons that you feel your application should be approved.

Step 5: Your Application is Approved or Denied

If your application is approved, USPTO will publish the mark and give anyone who objects 30 days to register their objection. If no objection is received, the trademark is granted and the USPTO will send the owner a certificate of registration. If the application is denied, you may be able to appeal the decision. A qualified trademarks attorney from Thompson Patent Law will help you determine your next steps, whether approved or denied. Call us today at (512) 649-1046.

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