After asking friends, family, and strangers sitting next to you at the bar what they think of it, you have finally decided on a name for your newest product. Now you want to protect it with a federal trademark, but how do you do that?
First, I assume that you have already searched the mark and found it available within your risk tolerances. Next, an application has to be prepared. Some people feel they can take this step on their own. Others use an attorney. I admit a bias as to which you should do. If you choose to use an attorney, don’t be afraid to ask what fees they will charge. Some, like us, charge flat fees. Others charge hourly. Just be sure you understand what those fees are. I promise it is an appropriate question to ask upfront.
Regardless of if you choose to work with an attorney or do it yourself, you will have to decide if you are registering a wordmark or logo. Next, you will have to decide how to describe which goods or services you will claim in the application. As you are choosing the description, one thing to know is that the United States Patent and Trademark Office (“USPTO”) carves up the world into forty-five international classes. Filing fees depends on how many classes you claim. If you can use pre-approved language, then you can obtain lower filing fees. If you need to use your own description, then your fees will be a bit higher per class.
Next, if you are using the mark on the product already, then you will have to provide the dates you first used the mark in interstate commerce as well as showing the mark in use. If not, then you can still file an application, but you will have to provide this information before the mark can be registered.
Finally, and the easiest, you will have to decide which contact information you want to share with the USPTO, which becomes publicly available. In other words, decide where you want to receive junk mail.
And then, et voilà, you are ready to file.