There is nothing more frustrating than to put in the time and research necessary to develop a logo that represents the intended company and is appealing to customers only to have it stolen by another company. Luckily, there is a system in place that will prevent this from happening. This system is known as filing a trademark, which will ensure that the logo is not copied. It is protected by the United States Patent and Trademark Office because it is an intellectual property that distinguishes a company. There is a process of steps that must be followed in order for a trademark to be filed in the United States.
Aside from not allowing a trademark to be registered that is too similar to another that has already been registered, the USPTO will also not register any trademarks that have the name of a real person included in them without that person's consent. A dead president's visage cannot be used unless the company attempting the trademark has permission from the widow of the president, as well as any logos that speak negatively of another company. Finally, any logos that include images that can be considered to be scandalous or immoral will not be registered as trademarks by the USPTO.
Each type of good and service will have its own filing fee based on the class in which it falls. If a trademark should be rejected, then the USPTO will refund any money that was paid into the process. So how can you get something trademarked? It's a time consuming process, but it's fairly straightforward.
- Research the Trademark
It is important to research the logo that has been created in order to ensure that no one else has already made something similar. It is impossible to register an image as a trademark if someone else already has that particular design as that would essentially defeat the purpose of registration. This can be completed by simply visiting the website of the USPTO and performing the search.
- Fill Out the Electronic Application
The next step is to fill out an application using the Trademark Electronic Application System. It will cost a person attempting to file a paper application around $375, while filling out the standard electronic application only costs $325. The necessary information that is in the application includes:
- name of the person filing the request
- name of the person who owns the mark
- address where the applicant is able to be reached
- a copy of the image that needs to be trademarked
- all of the goods and services underneath the trademark
- Wait for the Decision
A letter will be sent to the specified address with the results of the application. If the trademark has been approved, then the company is free to use the logo with the trademark mark in advertising.
- Renew the Trademark
A company is able to renew its trademark by telling the USPTO that the trademark is still in use after five years. This can be proved by sending in a label or other official document. After that, the trademark can be renewed every ten years.
