How to File a Trademark Successfully

File a Trademark Now!

Do You Want to Know How to File a Trademark?

Once you file it seems like a cattle call for companies to send mail claiming they can “help” with your Trademark issue. I just five minutes, you can read our blog and have your Trademark under way!

Intellectual property is very valuable thus the need to protect it. The prosperity of many U.S. and global companies depends more on their ownership rights than on their tangible assets.

What is a Trademark?

If you are a businessperson or someone who has created something conceptually unique, you will want to protect your creative product. It can be a logo, event name, company name or word and once protected no one can use that mark without permission.

How Do You Get a Trademark

how to file a trademark, united state patent and trademark office, marketing company in NaplesSubmit a file for a Trademark with The United States Patent and Trademark Office (USPTO). 

This process is the only way to ensure that a distinctive word, name, mark, motto, symbol, device, or emblem (image or appearance), or any combination thereof, will be protected exclusively for the owner’s use.

Red Alert to Falsely Affiliated USPTO Companies

RED FLAG – Staff at our marketing firm in Naples called the USPTO, and customer service stated the office never requests money through email or mail.

In 2011, DREAMFly Marketing, our marketing company in Naples, filed for a company name trademark. Soon after the filing, three companies sent letters in the mail appearing to be from the Trademark Office stating they could help our marketing company in Naples. 

One of the letters appeared to be on USPTO letterhead asking for $900 to process the trademark request for their research. HOW MANY COMPANIES HAVE FALLEN FOR THIS TRADEMARK SPAM? The problem us none of these businesses have any affiliation with the U.S. Patent and Trademark Office. 

In fact, when our marketing company in Naples called to check on the Trademark we had to provide our confirmation and filing number before they would provide any information.

Steps to Filing a Trademark Safely

Remember, a trademark is different than a copyright. It is for a mark that identifies your company as mentioned above. Here are quick steps on how to file for a trademark – visit USPTO online.

STEP 1: Determine whether you need trademark, patent, or copyright protection.

STEP 2: Determine whether you should hire a trademark attorney. Ignore mail like we received claiming for just $900 to help you with your Trademark issue. Most likely there is no issue and that is SPAM.

STEP 3: Identify your mark format: a standard character mark, a stylized/design mark, or a sound mark.

STEP 4: Identify clearly the precise goods and/or services to which the mark will apply.

STEP 5: Search the USPTO database to determine whether anyone is already claiming trademark rights in a particular mark through a federal registration.

STEP 6: Identify the proper “basis” for filing a trademark application.

STEP 7: File the application online through the Trademark Electronic Application System.
REMINDERS: (1) The application fee is a processing fee that is not refunded, even if ultimately no registration certificate issues; that, is, not all applications result in registrations; and (2) All information you submit to the USPTO at any point in the application and/or registration process will become public record, including your name, phone number, e-mail address, and street address.

STEP 8: USPTO will review the application and within 90 days will assign the file to a case manager to research your claim.

STEPS 9-11: If the reviewing attorney rejects your application, you will then file a rebuttal, and finally if determined to be valid the USPTO will publish your Trademark, validating it.

File for YOUR Trademark now! Remember, ignore mail from companies claiming to help you resolve your “Trademark issue”. Unless USPTO notified you there is an issue that is just SPAM! Hire an attorney for any serious issues.

Once your claim is filed it will take up to six month to process, so be patient.

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About us: DREAMFly Marketing, a marketing company in Naples and Southwest Florida, creates branding strategy for clients across the United States. Our marketing company in Naples focuses on marketing strategy, advertising, public relations and social media online marketing, online marketing and promotional products. If you like what you’ve read, please sign up to receive our weekly strategic marketing tips.

About Camden Smith

Camden Smith has written 77 posts for Marketing Magnetics.

Camden Smith owns DREAMFly Marketing with 16 years in strategic marketing and television journalism. Her cutting-edge, aggressive marketing skills have earned her numerous awards. Smith lives in Naples, Florida with her daughter London.