How To Trademark A Name?

Search the USPTO Trademark Electronic Search System (TESS) for similar marks in the same goods/services

Identify the exact goods/services the name will cover using the USPTO’s Acceptable Identification of Goods and Services manual

Choose the trademark type (word mark for the name alone, design/logo for a specific stylized form, or both)

Confirm the filing basis:

Use in commerce (already used in the sale of goods/services)

Intent to use (have a plan to use the mark)

Prepare application details:

Applicant/owner name and entity type

Mark text and format (if word/design)

Goods/services description

Filing basis (use or intent to use)

Specimens (for “use in commerce” filings)

For “use in commerce,” submit specimens that show the mark used in the ordinary course of trade for the listed goods/services

Determine whether to claim additional features (e.g., color claim, disclaimer, or classes/identifications as needed)

File the application through the USPTO Trademark Electronic Application System (TEAS)

Pay the required USPTO filing fees per class

Monitor the application status for office actions or requests for information

Respond to any USPTO office actions within the required deadlines

If approved and filed as “intent to use,” submit a Statement of Use and acceptable specimens before the deadline

After publication, handle any opposition by responding to the TTAB if a third party opposes

If no opposition and requirements are met, receive registration approval from the USPTO

Maintain the registration by filing:

Section 8 declaration (between years 5 and 6)

Section 9 renewal (every 10 years)

Section 15 incontestability claim (if applicable)

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