By Denise Mosteller & Jeremiah Pastrick
You have worked hard and created a great product. What can you do to protect it? Get a trademark. This article will discuss what can be trademarked and what steps should be taken to apply for a trademark.
When people consider getting a trademark, they tend to think of brand names, logos, or slogans. However, you can also trademark sounds, colors, scents, and product design and packaging as long as they are unique and serve as an identifier. Do you have some Yellow, aka Canary Yellow, Post-it® notes on your desk? Canary Yellow, Registration Number 2390667, is a registered trademark of the 3M Corporation. What about the smell of PLAY-DOH, aka the “PLAY-DOH scent”? If you have ever played with PLAY-DOH, you know the smell. According to the USPTO, Registration Number 5467089, the scent is described as “a sweet, slightly musky, vanilla fragrance with slight overtones of cherry, combined with the smell of a salted wheat-based dough,” registered May 15, 2018. The NBC Chime? Registered since July 13, 1970, Registration Number 0916522. Take a Listen HERE. As you can see, a trademark can be many things.
Now that we have discussed the different types of trademarks, let’s discuss what you should do before applying for the mark. As a brand owner, taking certain steps before applying for a federal trademark in the United States is necessary. A brand should begin the process by conducting a thorough search to ensure the mark is not already in use by another company in a similar capacity. This can help to prevent any potential conflicts or legal issues.
You can begin your search by conducting a basic Google® search of the proposed trademark and see what results you obtain. If a similar product of your proposed trademark exists, you might want to go back to the drawing board. If nothing is found, conduct a search through the USPTO (United States Patent and Trademark Office) database or through a professional trademark search service. If the search reveals any conflicts, the brand may need to revise its proposed trademark to avoid infringement issues.
If no conflicts exist, the next step is to determine whether the brand’s proposed trademark meets the requirements for registration. A trademark must be distinctive and not generic, descriptive, or too similar to other registered trademarks. It’s also important to ensure that the trademark does not violate any existing laws or regulations. The brand can proceed with the application process if the trademark meets these requirements.
The third step to successfully apply for a trademark is to seek guidance from a trademark attorney or professional. The attorney can assist in ensuring that the application is correctly completed and filed and provide valuable advice on any legal issues that may arise during the process. Collaborating with a qualified attorney can increase the likelihood of obtaining a successful trademark registration and safeguard the brand’s intellectual property rights over time.
Obtaining a US federal trademark, including filing fees, attorney fees, and other associated costs, typically ranges from $1000 to $2000. The average timeframe to complete a US Federal trademark registration process is approximately 6 to 12 months or more, depending on the application’s complexity and any examination issues.