Welcome to TrademarkOffice.US

The US Patent & Trademark Office is an agency of the United States which registers patents and trademarks. A trademark is a word, name, logo, symbol, phrase or logan which is used in-trade with goods to indicate the source of the goods and to distinguish them from the goods of others. Once you get a trademark it allows no other person or company the use of this word, phrase, etc. A Trademark can also be called a servicemark. A servicemark and trademark are same except that a servicemark identifies the source of a service rather than a product. "Trademark" is used to refer to both trademarks and servicemarks.

Click-on the state of your choice to the left to access state trademark forms to file and register state trademarks. State Tradename applications may also be obtained at the state web site. A state trademark protects your name on a state level where nobody else in the state can use the name. A Federal Trademark protects you on a national level and nobody else in the United States can legally use the name. More details about state trademarks can be obtained by going to the link for your state. More information about receiving a Federal Trademark are below.

Where Do I Start to get a Federal Trademark?

There are several resources within the USPTO website. These include information as well as online capabilities for every stage of the registration process. In fact, you can conduct most of your trademark business with the USPTO online. Therefore, you should get familiar with the Official USPTO web site before you begin the National/Federal level trademark application process. Editor's Note: We also suggest you get familiar with trademark legal disputes by reviewing important IP legal cases regarding trademark legal issues involving Internet Intellectual Property.

Types of Intellectual Property

The first step is to determine what type of intellectual property protection you need. There are three basic types of intellectual property: trademarks, patents and copyrights. The Trademark Office of the USPTO handles trademarks only. For information on patents, please visit Patents or contact 800-786-9199. For information on copyrights, please contact the Copyright Office (a division of the Library of Congress).

Basic Information and Rules of the Road

Ok, so now you have determined that a trademark is what you need. Your second step should be to familiarize yourself with the general rules and requirements for applying for a trademark registration. To do so, go to Basic Facts About Trademarks booklet and the Frequently Asked Questions. You can look up legal terms as well as other terms relating to trademarks in our Glossary. For specific rules and regulations, please consult the Trademark Manual of Examining Procedure (TMEP).

Searching Trademarks

The next step is to search the trdaemark database, before filing your application, to determine whether anyone is already claiming trademark rights in a particular mark.You may conduct a search online for free via TESS (Trademark Electronic Search System ) database. If your mark includes a design element, you will need to search it by using a design code. Use the correct design code(s) by consulting the Design Search Code Manual.

You may also conduct a trademark search by visiting the U.S. Trademark Public Search Library, between 8:00 a.m. and 5:30 p.m. at the Public Search Facility, Madison East, Flr 1, 600 Dulany St, Alexandria VA 22313. Use of the Public Search Library is free to the public. Also, certain information may be searched at a Patent and Trademark Depository Library near you. These libraries have CDs with the TM database of registered and pending marks.

If your search yields a mark that you think might conflict with your mark, you should check its status via the USPTO's TARR (Trademark Applications and Registrations Retrieval) database. You will need the serial number or registration number of a particular mark to access information on TARR.

Identification of Goods and Services

Now that you have chosen your mark and conducted a trademark search, you will need to draft a description of goods and/or services.A trademark application is incomplete without a statement identifying the goods and/or services with which the mark is used or will be used. The identification of goods and/or services must be specific enough to identify the nature of the goods and/or services. The level of specificity depends on the type of goods and/or services. Examples of acceptable identifications, are in the Acceptable Identification of Goods and Services Manual.

Mark

Another consideration is the depiction of your mark. Every application must include a clear representation of the mark you want to register. We use this representation to file the mark in the USPTO search records and to print the mark in the Official Gazette and on the registration certificate. There are two possible mark formats: (1) standard character format ; or (2) stylized or design format. The standard character format should be used to register word(s), letter(s), number(s) or any combination thereof, without claim to any particular font style, size, or color, and absent any design element. Registration of a mark in the standard character format will provide broad rights, namely use in any manner of presentation. The stylized or design format, on the other hand, is appropriate if you wish to register a mark with a design element or word(s) or letter(s) having a particular stylized appearance that you wish to protect. The two types of mark formats cannot be mixed in one mark; do not submit a representation of a mark that attempts to combine a standard character format and a stylized or design format.

Filing a Trademark Application

You may file your trademark application online using TEAS - the Trademark Electronic Application System. TEAS allows you to fill out an application form and check it for completeness, and then submit the application directly to the USPTO over the internet. You can pay by credit card, through an existing USPTO deposit account, or via electronic funds transfer.

You may also contact the Trademark Assistance Center at 1-800-786-9199 for a hard copy of the Basic Facts brochure, or a paper form. However, paper forms are not processed as quickly as those submitted electronically.

If you file an application online through TEAS, you will receive a summary of the trademark filing by email and your application will be assigned an immediate serial number. Otherwise, if you file a paper application by regular mail, please allow at least 2 to 3-weeks to receive a filing receipt for your application. The filing receipt will include the serial number of the application.

All future correspondence with the USPTO must include this serial number. You should receive a response to your application from the USPTO within five to six months from filing the application. However, the total time for a TM application to be processed may be anywhere from almost a year to several years, depending on the basis for filing, and the legal issues which may arise in the examination of the application.

You may monitor the progress of your application through the TARR database.

Link: USPTO.GOV United States Patent and Trademark Office