How to trademark a product name in the USA?
Steps to trademark a product name in the USA is a process that ensures your product name is legally protected. By following these steps, businesses can secure exclusive rights to their product name, preventing others from using it. This process helps establish brand identity and offers legal protection against infringement:
- Conduct a Trademark Search: Conduct a search in the United States Patent and Trademark Office database, TESS, to confirm that no marks exist that would conflict with your product name. Confirm the name is available for use and registration.
- Determine the Trademark Class: Determine under which classification of goods or services your product correctly falls within. The United States Patent and Trademark Office classifies goods and services into 45 categories.
- Prepare a Trademark Application: Gather the necessary information: product name, description of goods or services, and the class applicable. Determine whether to file based on use in commerce the name is already in use or intent to use if the name is planned for future use.
- Submit the Application: Filing the Application Submit your application using the USPTO's Trademark Electronic Application System (TEAS). Choose the correct application type and make sure all information is correct before completing the application process.
- Monitor Application Status: Go through your application status on the USPTO's Trademark Status and Document Retrieval (TSDR) system periodically. If any Office Actions are issued or anything else is required, take immediate action.
- Publication in Trademark Official Gazette: If approved, an application gets published in the Official Gazette by the USPTO. It opens the window for third parties to oppose your application within a period of 30 days.
- Get Trademark Registration: On facing no opposition or overcoming it, the USPTO will grant the registration certificate.
- Maintain the Trademark: To be active, all maintenance documents must be filed, such as the Section 8 Declaration, with appropriate renewal.
One IBC USA advises clients on every step in the life of a trademark.