Let’s say that you are forming a new business, product, service, or tagline and want to protect it. You’ve probably heard you need a trademark to do that (and you’d be right!). So, as your friendly neighborhood trademark attorney, I’m here to tell you about the process for getting a trademark.
Once you pick a name or a logo, you first have to determine whether you have the ability to get a trademark. In other words, you’ll need to consult a trademark lawyer to see whether or not your name is “trademarkable.” That’s not a real word, I made that up. But a trademark lawyer can evaluate whether your name or logo meets the legal requirements to obtain trademark protection.
Assuming your name or logo qualifies for trademark protection, you then want to conduct a trademark clearance search. A trademark clearance search is where you or a trademark attorney searches the United States trademark database to search all of the prior file trademark applications and registered trademarks to see what roadblocks might exist in you obtaining trademark protection, and then figure out what to do about them.
Once you’ve completed your trademark clearance search, the next step in the process is to file your trademark application. As a trademark lawyer, we send our clients a questionnaire that asks for the basic information that we’re going to need to file the application and we can prepare all the necessary documents online and file it with the government.
And what’s the next thing you do? You wait.
You sit and wait for three months because the government is so backlogged with this stuff there’s nothing you can do. You can’t pay Uncle Sam under the table to speed up the process. You’re going to wait about three months until the government actually looks at and reviews your application.
Assuming the government accepts your application, it goes on to the publication phase. This is where the trademark office puts the world on notice that you are going to get trademark rights unless someone objects during this 30 day period of time. The trademark office even puts your trademark in a magazine, yeah those things still exist, called the Trademark Gazette so it can allow other trademark owners the right to object your trademark if they believe that it infringes upon their intellectual property rights.
Assuming you get through that process, you’re pretty much free and clear. The government is then going to issue a trademark registration certificate. This is a nice fancy piece of government paper with a gold seal that’s going to tell you that you have the exclusive right to use your name, or logo, or tagline in connection with your goods or services. Congratulations you would have finished the process.
So how long does this process take? The fastest this can happen is about nine months. Yeah it can’t happen sooner, it would be like, pretty much impossible. The government says the process takes about 12 to 18 months on average. We’ve seen some on the earlier end of the spectrum, we’ve definitely seen some ones on the later ends of the spectrum, but that’s what your expectations should be.
That’s the trademark process from a high level and that might answer some of the common questions that you’ve had about what is the process of obtaining a trademark. If you’re ready to get a trademark, reach out to us at anytime using the contact form below or by giving us a call.
But you still might have other questions about trademarks such as, “What’s the benefits?”, “If I have a domain name do I have trademark rights?”, and “What does the process cost?” To get answers to those questions and more visit trademarktuesdays.com and you can download our free guide on how to protect and grow your business and brand with trademarks.
So what are you waiting for? Visit trademarktuesdays.com, and get all the answers to your trademark questions.
