Helpful Guide on Getting a Trademark

Given the importance of a trademark, it is something best obtained with the help of a qualified Miami Trademark Lawyer who can assist you in the application process with expertise and counsel. A trademark describes the symbol, word, logo, or slogan that is legally recognized as representing a particular company or product. Getting a trademark means giving a brand and identity to your business, something that will help it stand out in the market while communicating a certain quality and reputation to consumers.

Trademarks at the federal level are issued by the U.S. Patent and Trademark Office (USPTO) and can be applied for through its website. It is important to distinguish a federal trademark from a state trademark. Whereas the former offers nationwide protection of your brand signifies, the latter applies only within the state to which you are registered. So if you apply for a trademark with the Florida Division of Corporations, it will receive legal recognition and backing only in Florida. This is an important distinction if you plan to conduct business across state lines. Moreover, the backing of the federal government carries much greater legal weight and jurisdiction.

Before filing for a trademark application, you should conduct a thorough search of existing trademarks at the USPTO website to make sure your idea isn’t already taken by a business in a similar industry. Your search results will include trademarks that are similar enough to be in potential conflict. However, don’t despair if you find a trademark that is close to yours — check the status to see if it is still “active” or “dead”, as you won’t get blocked for applying for an inactive trademark. Keep in mind that the USPTO does not offer advisory opinion when it comes to choosing a trademark: only a trademark attorney is qualified to provide expert counsel on the matter.

Once you’ve found a trademark to apply for, you must determine its format. A standard format is the broadest and most basic type, encompassing the word, slogan, or numbers that constitute your trademark. The most well known examples would be the words “Google” or “Coca-Cola”. A stylized format protects a particular design element for these words — such as a font, color pattern, or design — or a logo or symbol for the business. Google’s distinctive color scheme for its brand name, or Coca-Cola’s signature cursive-style font, are good examples.

After settling on the name and design scheme that will identify your business, you will need to choose the industry class for your trademark. The USPTO website has a list of different industry categories, each corresponding to a number, which you must select to register your trademark. For example, if your company specializes in clothing, then you would choose the class “002” for your trademark. The list will include a description for each class, but you can also look up well known competitors within your industry to see what their classes are.

Upon determining the class number for the goods and services of the trademark, you will then have to describe the goods and services that the trademark covers. Ideally, this should be broad enough to encompass what your business offers, but it cannot be wide enough to potentially conflict with a competitor — otherwise the USPTO will require you to rewrite the description, which may happen months after you file the trademark. The USPTO’s website has a list of descriptions for online applicants to copy and paste from. Otherwise, it is best to consult with an experienced Trademark Attorney who will understand the nuances and challenges of finding and describing your trademark.

Even after clearing these steps in the trademark application process, you still have to contend with how to use the online application system, filing fees, and other technical considerations.