According to the United States Patent and Trademark Office, a trademark is a word, phrase, design, or combination that identifies your goods or services, distinguishes them from the goods or services of others, and indicates the source of your goods or services. In addition, it prevents anyone from copying you, provides legal protection from such attempts and, in doing so, protects your awesome reputation. So, what should you trademark? We recommend starting with your name, logo, and any slogans you may have come up with. Be wary though! Some might be taken. Let’s deep dive into how this process works.

1. Choose a mark.

In this first step, you’ll declare the type of identifying mark you want to trademark whether that be a word, phrase, design or a combination of all these things. Your mark can be anything that uniquely identifies your product or service such as a logo, slogan or product name.

2. Search for similar marks.

In order to ensure your application for a trademark to be successful, you should conduct a search on the USPTO database. Your application is more likely to be denied if there is a ‘likelihood of confusion’, meaning that there is an existing trademark for something that sounds or looks similar to your mark within a related category.

3. File your application.

Time for the dirty work! Fill out all the necessary forms, pay the processing fee, and file your application here. As always, make sure all of the information you input is correct as this can slow down the application process. Once submitted, you’ll be able track your application status. 

4. Receive approval or denial.

The USPTO will review your application and either approve or send a letter with reasons for denial. You can respond to this letter with corrections within six months of receiving. If your application is approved, you must file a Statement of Use (SOU) form describing how you plan to use the trademark within six months of approval. 

5. Maintain your registration.

After your SOU form is approved, the USPTO will issue a registration within two months. You must file the registration documents sent along in order to ensure that the trademark is officially yours. Don’t let all your hard work go to waste! 

Written by Lauren Murdock

Lauren is Mainvest's Content Marketing Manager. She is an expert in marketing strategy and leads content generation for Mainvest.