When considering filing a trademark for your brand there are a few things about your ‘brand’ and ‘mark’ that you should come to a hard decision on before moving forward.

First, you want to identify what are trying to trademark and if you are currently using what you are trying to trademark as a part of your business. It is also important to note if you are going to continue using the mark, or if you are going to start using that mark. It is essential to know if you are currently using it or if you are intending to use the mark, because the fee for filing a trademark depends on if it is currently in use or if you are just intending to use it in the future. Next, you want to figure out when you first used your mark anywhere with your goods or services. Ideally, you would have a specific date that you began using the mark. It is important to say whether the mark is a name or an image or both. If you have multiple marks that you are attempting to trademark, you must fill out and file separate applications with individual filing fees for each mark.

The United States Patent and Trademark Office (USPTO) has a Trademark Electronic Search System where you can conduct an online search of the USPTO database of trademarked marks. It can be a time consuming task, especially if the trademark has a design element. If your mark is an image or a stylized written word, you should provide a JPG or PDF copy of the specimen. It is also important to figure out if someone else is using a similar or the same mark. It is also important to identify if the mark you are trying to trademark is something common or used frequently in your industry. The reason for this is that trademarks for commonly used names or images of items used in the industry are much more likely to have previous trademarks already in existence. Unique or personal names or marks are much more likely to not have previous trademarks.

The next step is to identify what you plan to put your mark on. Trademark applications are charged ‘per class of goods or services; of which there are currently a total of 45 classes. You will also want to have a specimen for each class of goods or services that you intend to apply the mark to. If you do not have a specimen for each class of goods or service, you must figure out if you will be able to make one in the next six months. If you are not currently using the mark in commerce, but intend to use it, you can receive a Notice of Allowance that will serve as a precursor to an actual trademark. However, you must file a Statement of Use within six months or the application will be deemed abandoned. Once you figure out how many classes of goods or services you plan to apply your mark to, the total filing cost can be figured out. You should also decide if you can pay the whole filing costs at once. The next step is to figure out if you would personally like to own the trademark or if you would like the business to own the trademark.

In order to get started on a trademark application, please have the following information filled out and available:

If you have questions or concerns about trademarking, call Limitless Law PLLC at (360) 685-0145 or use the “Ask an Attorney” link on our website to contact us today!

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