What is needed to register a trademark?

Answer

Each country has slightly different rules.

Generally you need to file an application form with several attachments, and a fee.

In the USA, for federal registration you need to be the owner of the mark, already used it in interstate commerce (or have a bona fide intent to use it before it becomes registered), have a general description of all the goods or services to which the mark applies, submit a drawing (or other sample and description) of the mark, and submit an example of the mark in actual use (i.e., on packaging for goods or advertising for services using the mark). Of course, you will also need to submit the necessary fees for the basic filing and for each additional class of goods or services.

Some types of applications can be filed online at the U.S. Patent and Trademark Office website (uspto.gov).

After you file, there could be a long wait before your file is examined and rejected for one or more reasons, for which you must submit corrections, documentation or other amendments to keep the application alive. This can drag on for years, with appeals and so forth.

Once the application is "accepted", it will be published for opposition, to see if anyone else already claims the right to use that brand. An opposition is handled much like a lawsuit, with motions, briefs, evidence, etc.

This continues until the file is either abandoned (many are), divided, or a registration issued for one or more classes of goods and services.

The filing process is not always as easy as it sounds, and there are several ways to trip yourself if things are done wrong on the first application.

Note that there is no obligation to do your own search of the trademark databases prior to filing for registration, but it would be foolish to waste time and money on a brand that is similar to one already in use or registered by someone else in a related field. You might do your own preliminary search, but there are professional services that will search "the entire world" for similar brands.

If you intend to protect your brand in multiple countries, it is highly likely you will need to hire attorneys to help you, as the expense and complexity increases dramatically.

You may also register a trademark at the state level (in the USA), which could be a lot simpler and yet give you an official registration that would protect your brand in any state where you register.

First answer by Wutzyerproblem. Last edit by Wutzyerproblem. Contributor trust: 533 [recommend contributor]. Question popularity: 18 [recommend question]