4 Steps to Trademark
For trade and service mark registration, Carson Patents® has four steps to seeking a trademark for your logo, brand, slogan, and/or business name.
The four steps to trademark are: 4 Steps to Trademark Registration:  business search,  write application,  submit application, and  respond to examiner. We start with the business search. If the trademark is not already in use, then we write and file an application. Prosecution is responding to letters from the USPTO to address issued raised in the application. Trademarks become registered when approved and added to the Principal or Supplemental Register. Carson Patents® will work closely with you through the following four steps to pursue a trademark for your logo, brand, or business name. Contact us about any of the steps to trademarking for your logo, brand, slogan or business name.
How to Get a Trademark Registered in 4 Steps
Total Approximate Time 275 days
Business Use Search
The first step in how to get a trademark is to search for anyone that might be currently using the trade or service mark you are seeking to register. The business use search is done at the United States Patent and Trademark Office (USPTO). Use the words and the images of your name/slogan/logo/audio clip for the search. Trademark searching is done at the USPTO’s Trademark Electronic Search System, or TESS. You can access TESS here. If the business includes foreign countries, you should also research the internal database. Internationally, research is done at the World Intellectual Property Office’s (WIPO) Global Brand Database (GBD). You can access GBD here. Before you apply to register your business name, logo, slogan, or audio clip, you need to be sure that it is not already being used. If your business name, logo, slogan, or audio clip is not in use, proceed to the next step. If your business name, logo, slogan, or audio clip is already in use, consider changing it. Alternatively, contact an attorney to determine if there may still be potential to register the mark if the current use would not be confusing.
Prepare Trademark Registration Application
The second step in how to get a trademark is to prepare for online filing. Preparing before you file will save you time and potential office actions from the USPTO that would require a response to fix the application. Be sure you have all the contact information for the owner (business or person) of the mark. Be sure you know classes (business uses) that you want to register in. If you do not yet know what class(es), research the appropriate class using the USPTO’s ID Manual. Conduct the research in ID Manual by searching for the product or service that the business name, logo, slogan, or audio clip is used for. You can select and register multiple classes. However, there is a fee for each class. After you are sure which class(es) to use, the last step of preparation is to be sure that you have an electronic copy of your proof of use in commerce.
Submit Trademark Registration Application
The third step in how to get a trademark is to submit the registration application. To protect the mark in the United States, applications are submitted online using the USPTO’s Trademark Electronic Application System or TEAS. You can access TEAS here. Note: Once a mark is registered in the U.S., it can be registered internationally at WIPO. The Madrid Application Assistant (MAA) for international trademark registration is maintained by WIPO. You can access MAA here. Each application must be accompanied by a fee for each class requested. Once submitted, the USPTO will email you a receipt. The receipt will have the numbers used to look up the application online.
Respond to USPTO Communications and Office Actions
The fourth and final step to getting a trademark is to respond to any communications from the USPTO. If everything is submitted properly, the mark is used in commerce, and everything checks out, you will get a communication from the USPTO that they will or have registered your mark. Continue to respond to the maintenance and payment notices and you are set. If something goes wrong and additional action is required, Carson Patents recommends contacting an attorney to be sure you provide a complete and proper response. However, the letters from the examining attorneys are generally pretty self explanatory regarding how you can respond and continue to seek registration. Contact us or schedule a free IP consult.
Estimated Cost: 250 USPTO TEAS Plus Filling Fee
- Business Name,
- Slogan, and/or
- Audio Clip.
- Email Account
- Internet Connection
Materials: Ideally you have proof you are using the business name, logo, slogan, and/or audio clip in commerce before applying to register. This can be hardcopy (product listing, menu) or online. If hardcopy, scan it or take a photo so you have an electronic copy. If online, go to the URL and print the screen or page to a *.pdf file so you have an electronic copy. Any specifics for colors and fonts for your brand.
Trademark Help Available Online
Trade and service marks are intellectual property protecting brand names and logos for products and services. The four steps to registration are:  business name search,  write application,  submit application, and  respond to examiner.
Trademarks and Service Marks are used to protect business names, logos, and slogans. Getting a name, logo, or slogan registered is easy and can be done all online from anywhere around the world. If you have a mark registered in the United States (U.S.), we can help you get it registered internationally. Also, once we get the business name, logo, and/or slogan registered in the U.S., we can help you get that one registered internationally as well.