How to Get a Trademark? – A Step-by-Step Guide

How to get a trademark - a step by step guide cabilly co

If you’re a verified account that is looking to protect your brand and prevent others from using it without permission, getting a trademark is a must. A trademark is a legal way of securing exclusive rights to use a particular name, symbol, or logo to identify your products or services. With a registered trademark, you can prevent others from using your trademark without your consent.

Here is a step-by-step guide on how to get your trademark:


Step 1: Conduct a Trademark Search

Before applying for a trademark, you need to conduct a trademark search to ensure that your desired trademark is not already registered or pending registration by another brand/company. The United States Patent and Trademark Office (USPTO) maintains a public database of registered and pending trademarks that you can search for free. It is important to ensure that your trademark does not infringe upon someone else’s existing trademark and not confusingly similar to an existing mark, which means that you will need to search for a new trademark.

Step 2: File a Trademark Application

Once you have conducted a thorough trademark search, the next step is to file a trademark application with the USPTO. It is suggested that you use an experienced US attorney in order to assist you to file your trademark application. . You will need to provide a description of your goods or services and a specimen of your trademark as it will be used in commerce.

Step 3: Respond to any USPTO Office Actions

After submitting your trademark application, a USPTO examining attorney will review your application and may issue an Office Action. This is a letter that outlines any issues with your application, such as a likelihood of confusion with an existing trademark or a description of goods or services that is too broad or vague. You will have three months to respond to the Office Action and address any issues.

Step 4: Wait for Your Trademark to be Approved

Once the USPTO approves your trademark application, your application will be published for opposition of third parties. If there are no oppositions, and you filed the application based on use, the application will be registered. If you filed the application based on intent-to-use basis, you will receive a Notice of Allowance. You will then have six months to file a Statement of Use or a Request for an Extension of Time to file a Statement of Use. The Statement of Use is proof that you are using your trademark in commerce as described in your application. Once your Statement of Use is accepted, your trademark will be registered and you will receive a registration certificate.

Step 5: Maintain Your Trademark

Once your trademark is registered, it is important to maintain it. You will need to file periodic maintenance documents with the USPTO to keep your trademark active. These documents include a Section 8 Declaration of Use (between the 5 to 6 years) and a Section 9 Renewal Application (between the 9 to 10 years and every 10 years). You will need to file these documents at regular intervals throughout the life of your trademark.

Why is it important to get a trademark as an Amazon seller?

For Amazon sellers, a trademark is especially important because it can help you establish your brand and prevent counterfeit products from being sold under your name. With a registered trademark, you can enroll in Amazon’s Brand Registry program, which provides a number of benefits for sellers, including:

  • Increased Protection: Amazon’s Brand Registry program provides additional protection against counterfeit products, including the ability to report infringing listings and access to tools that can help you monitor your brand’s presence on Amazon.
  • Prevent brand name theft – To ensure that an Amazon seller does not find themselves in a situation where someone else has obtained a trademark on their brand name, rendering them unable to use it and forcing them out of the market.
  • Enhanced Brand Presence: By enrolling in Brand Registry, you can add videos, custom product descriptions, images, and other content to your product listings, which can help you stand out from the competition and establish your brand on Amazon.
  • Access to Advertising Tools: Sellers who enroll in Brand Registry can also take advantage of Amazon’s advertising tools, including Sponsored Brands and Sponsored Products, which can help drive more traffic and sales to your listings.

In addition to these benefits, having a registered trademark can also help you establish your brand’s reputation and increase customer trust. When customers see that your products are branded with a registered trademark, they are more likely to view your products as high-quality and trustworthy.

Overall, for Amazon sellers, obtaining a registered trademark is an important step in establishing and protecting your brand on the platform. By enrolling in Amazon’s Brand Registry program and taking advantage of the benefits it provides, you can enhance your brand’s presence, protect your products from counterfeiting, and increase customer trust and loyalty.

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Trademark registration is a crucial aspect of protecting your intellectual property and building a strong brand identity. 

In the process of obtaining a trademark, you may encounter various challenges that require attention and expertise, such as responding to an Office Action or handling a dispute with the Trademark Trial and Appeal Board. Engaging an IP attorney with experience in handling trademark applications can be immensely beneficial in navigating these challenges.

A common hurdle in the trademark registration process is receiving a response to an Office Action.

This is a formal communication from the USPTO examining attorney that outlines any objections or issues with your application. It is essential to file a response addressing the concerns raised by the examining attorney within the stipulated time frame, usually three months from the mailing date of the Office Action. An experienced IP attorney can help you draft a compelling and comprehensive response to increasing the likelihood of your application’s approval. Their expertise can be invaluable in understanding the nuances of the Office Action and formulating a strategy to address it effectively.

Trademark disputes sometimes arise during application process

Moreover, trademark disputes may sometimes arise during the application process, requiring intervention from the Trademark Trial and Appeal Board. In such cases, the assistance of an IP attorney is even more critical, as they can represent your interests and help you navigate the complexities of the legal system. Similarly, if your application receives a final refusal from the USPTO, an IP attorney can guide you on the next steps, such as filing an appeal or submitting additional evidence to support your case.

Securing a trademark is essential for brand protection and success in today’s competitive market.
By working closely with an experienced IP attorney throughout the trademark registration process, you can ensure that your application proceeds smoothly and any potential issues are addressed effectively. From conducting a trademark search and filing the application, to responding to Office Actions and handling disputes with the Trial and Appeal Board, an IP attorney can provide valuable guidance and expertise every step of the way. Don’t underestimate the importance of protecting your brand – invest in a registered trademark and reap the long-term benefits.

Whether you are an Amazon seller or not, getting a trademark is worth the effort, due to the fact that it will help you to protect your brand and prevent others from using your trademark without your consent. By following these steps, you can ensure that your trademark is registered and protected. Remember to conduct a thorough trademark search, file your trademark application, respond to any Office Actions, wait for approval, and maintain your trademark to keep it active.