In light of my previous post on the importance of registering your trademark, I thought it best to walk you through the initial registration process. The U.S. Patent and Trademark Office (USPTO) website wants every potential registrant to ask themselves the following questions, prior to registration.
3 Simple Questions To Ask Yourself
(1) What is the mark that you want to register?
- You can apply for a standard mark.
A Standard Character mark is the most flexible of all mark depictions. It grants protection to the wording itself, without regard to the font, style, size, or color. Although the mark looks like plain typed wording when registered, a Standard Character mark means that you can change how you display the wording over the life of the trademark. Must See Video: http://www.youtube.com/watch?v=b8wJ4gVa2yk&feature=youtu.be)
- You can apply for a stylized mark or design mark.
A stylized mark is for words that appear in a particular font or color scheme. With a design mark you protect words combined with a design or protect a design element(s) only.
(2) What are the goods/ services in connection with which you wish to register the mark?
This is probably the most important part of your application. Failure to indicate the right good or service in your application will result in your application being rejected.
Use this ID Manuel (http://tess2.uspto.gov/netahtml/tidm.html) to find your good or service.
(3) Are you will be filing an application based on actual existing use of the mark or a bona fide intention to use a mark in the future.
If you are already using your mark in commerce, then you will file your application based on actual use.
A bonafide intent to use a mark arises when you have more than an idea but your idea is less than market ready. If there is scope for you to use your mark in the future in interstate commerce, you can file an intent to use application.
This is only gets the ball rolling…..there is more to a trademark application than just these three questions. However, if you can successfully answer these questions, you have won half the battle.