Process for Filing a Federal Trademark

What is the process for filing for trademark
protection? It’s relatively simple. It begins by searching all marks out there. You can search the USPTOs database for registered
trademarks but you also have to do a broader more sweeping search to make certain there
isn’t a common law protection against an intended mark out there. Once you’ve identified this, you get to the
process of filling out the application and paperwork. In general, this is information about the
mark and business practice associated with the mark, the product, service etc. to which
the mark is being described and how it’s being used in interstate commerce. After that, you put either a text based that
is the letters and numbers together or an image complete with drawing of how the mark
is displayed to represent your business. A text would be broader so it would have to
be a unique combination of letters and words that would meet level of distinctiveness where
words with a specific drawing or nature to them would add a degree of distinctiveness
to the mark itself but either way, you would attach this and submit it for review. The biggest aspect of the trademark application
process is searching to make sure that there is no mark out there that your mark is infringing. That’s the general process for application
at the US patent and trademark office and the statutory process in different states
follow a similar procedure for filing for trademark protection.

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