The Steps Required to Obtain Trademark Protection

A trademark is a visual and conceptual part of a company’s branding. When a trademark is properly registered with the United States Patent and Trademark Office (USPTO), a company has the legal ability to prevent others from using that or similar marks in ways that could confuse consumers or dilute the company’s brand.

Trademark registration can be a lengthy and difficult process, however. Establishing this type of intellectual property protection involves several distinct steps, each of which plays a role in determining whether a mark will ultimately be approved.

The process begins with the creation of a distinctive mark. This may be a logo, brand name or slogan, but it must be unique enough to stand apart from competitors. Generic or overly descriptive marks will face rejection, making careful development at this stage essential.

Next, research into existing trademarks is necessary. The USPTO provides a searchable online database that can help companies review existing trademarks for companies with similar names or comparable business functions. If an organization completes the process and does not find another registered trademark that seems similar enough to cause confusion among consumers, they can then submit an application to the USPTO and pay the necessary fees for registration.

From there, USPTO then engages in an exhaustive examination process. If there is a trademark that is too close to the submission, the applicant might receive a rejection notice. One option is to rework the proposed trademark and reapply. If the review by the USPTO does not identify any registered trademark that creates a likelihood of confusion, then publication of the trademark in the “Official Gazette” for public response occurs. Outside parties, including existing businesses in other states, can review that publication, and possibly draw attention to an existing trademark that is substantially similar.

If there is no claim from an outside party, then the USPTO issues a registration certificate to the business, but companies must remain vigilant about protecting their rights. Between the fifth and sixth year following registration, the trademark owner must file maintenance paperwork with the USPTO. must then renew the existing trademark every 10 years. Additionally, continual monitoring of competitors is necessary to identify infringement and take appropriate steps to enforce trademark protections.

Working with an intellectual property attorney can make the research process for securing a trademark much more manageable. Companies that outsource intellectual property concerns can protect their branding without overwhelming executives and in-house legal counsel. Guidance through the trademark registration, maintenance and enforcement processes can help a company protect its brand.

The Law Offices of Donald W. Hudspeth, P.C. in Phoenix provides knowledgeable counsel to Arizona clients on trademark registration and other intellectual property matters. Please call 866-696-2033 or contact us online to discuss your legal needs.