US Patent and Trademark Office: Why You Need To Register Your Trademark


Many people today now prefer to start their own business once they made enough money for capital. You need to consider the fact that having your own business means that you don’t have to work like a slave 8 hours a day in a company you don’t even own. Besides, you wouldn’t want to work for a company you don’t even own forever. You have to consider that having your own business means more freedom and you will be the boss of it. However you want it to run is up to you.

If you are thinking of starting a new business, you need to have a strategy to make your products sell. You have to consider that your new company should have a trademark in order to have an identity in the marketplace. By having your own company trademark, you will be able to get your products known to consumers and if you do have a great product to sell, you will definitely make a big name for your company.

For example, in the sports apparel business, you will see different T-shirt, shoes, and other sports apparel product designs with a company trademark sewn or printed on the product. Each company trademark is unique and stands out from other trademark symbols. So, if you want to start your own business, you have to think of a trademark symbol that will stand out from the rest of the same products you plan on selling in order for people to notice it.

However, you just don’t think of a unique design, and have it printed on your products right away. You first need to apply for trademark registration first in order to have exclusive rights for your company to use the trademark and make it illegal for other people or companies to use your trademark in their products without your permission. This is a way to protect your product from piracy. You have to consider that trademarks are also represented in the intellectual property law where a company or a person does not have the right to use a registered trademark in their own products without the proper authorization of the company who owns the registered trademark symbol.

Although it is not required by law to register your trademark symbol, registering it will give you a lot of advantages. The first advantage of registering your trademark symbol is that you will have legitimate ownership of the trademark. The second advantage is that when a company uses your registered trademark without your authorization, you will have a stronger case in court when claiming your trademark and ask for damage fees. It will also serve as a basis to obtain registration in foreign countries, which will make the registration process faster.

If you noticed that there are different signs at the end of the trademark symbol, usually TM, SM and "R" inside a circle, you have to know the differences between these three. At any time you want to claim a mark, you can use the TM or SM designation to alert the public that you already claimed the mark, even if you haven’t filed an application with the trademark office yet. However, the use of the R enclosed in a circle, meaning that it's already registered, should only be used when the mark has already been registered with the trademark office.

You can file a trademark registration application with the US Patent and Trademark Office or the USPTO. To do this, you must meet certain standards set by the US Patent and Trademark Office in order to get your mark registered.

You have to consider that the application process can take a long time. Firstly, you must fill out a form for trademark registration application and submit it at the USPTO. It is important that the application form should contain all the necessary information asked which will include your name, address, and even a detailed drawing and description of your mark. You will also include an application fee.

If the application is approved, the next step is by examining it by the USPTO authorized examiner. The examiner will be responsible in finding out if there is another mark already registered the same as your trademark. It will take quite some time for the results to come out and if there is no similar mark existing in the USPTO registered and pending trademark database, your mark will be approved.

The next step is publishing your mark in two months and if no one opposes your trademark, it will no longer be a "pending" trademark instead it will be a registered trademark. Protect your company by registering your trademark with the US Patent and Trademark Office.