How To Get A Good Trademark

By admin , in Trademarks.

Most of the people hire an attorney to help them in the process of applying for trademarks, but this generally burns a hole in the client’s pockets. But if you want to save a substantial amount of money then you can simply choose a trademark research firm. If you are indeed hiring a research firm then you should always cross check that the firm is not only checking the Federal and the State list but also the common-law trademarks record.

Many people avoid even the cost of a trademark research firm and carry out a search by themselves with the help of search engines. It is a good idea to search the United States Patent and Trademark office’s (USPTO) listing of registered trademark, when undergoing a research. But it is important to note here that the listings of the USPTO are not the most comprehensive listing. This web site is not regularly updated and in addition to this, this website has only Federal trademark records and it excludes the State trademark records and the common-law records.

In order to be sure that your search has been fool-proof it is inevitable that you check federal listings, state listings and the common-law records. Federal trademarks listings and state trade marks listings have the records of those businesses that have either a federally registered trademark or those who have registered a state trademark. These records mention all the trademarks that have been registered, and also the names of all the businesses and the trademarks whose registration is in the process. Common –law records have the list of those businesses that are continuing their activity, but are not registered under either federal or a state trademark. The common-law record examines city business listings, newspapers articles, LLCs and other lists to check for similar names. Sometimes companies do not have trademark, but they have a “first use rights” to that name. This right empowers the owner of the right to have an exclusive use of the said mane in the particular trade area. Also the company can take legal action against any other company that uses the name. The owner of the name can charge penalty for all the business that has been undertaken under the said name by the other company.

If your research tells you that there are no similar or existing names to the name that you propose to use, then you can go ahead and register the proposed name. Anyone can file an application to the USPTO, but it is best that the task be left in the hands of the attorneys as the USPTO is very particular about how the application has been filed.

Getting a trademark isn’t as difficult a job as people generally believe it to be. All you have to do is to search the federal and the state listings. Run through the listings of the common-law and finally get your trademark registered by filing an application.