How to Register a Trademark in Delaware
IntroductionRegistering a trademark can help you protect your business. A trademark is a word, phrase, symbol or design that identifies and distinguishes the source of goods or services. Registering a trademark is important because it gives you legal rights to use the mark in association with your goods or services. When you register your mark as an active trademark in Delaware, it will create a record of ownership and prevent others from using it on their products. Registering also allows others to know who's using the distinctive identifier in connection with goods and services.
Criteria for Filing in DelawareTo file a trademark, you must provide:
- A list of the goods and services that your company offers
- Your company’s name, address and phone number
The type of mark you are registering (e.g., image, word)
Submit the ApplicationYou will need to fill out the online trademark application form (TAS), which is a PDF file that you can download from the Delaware Secretary of State website. The TAS will ask for information about your business and its legal status, as well as information about your trademark and its goods and services.
Pay the Filing FeeOnce you've completed the application, you'll need to pay the filing fee. The Delaware Secretary of State accepts payments made by credit card, check, money order and cashier's check. You can also submit a wire transfer from your bank account with permission from the Secretary of State.
Takeaway:In the end, you can register a trademark in Delaware—but only if you meet certain requirements. The first step is to conduct a thorough search of all potential trademarks that are similar or identical to yours. If you find any conflicting marks, file an application with the USPTO so they can determine if there’s any likelihood of confusion between your mark and another party's existing mark (or pending application). Once that has been cleared up, it's time for your own trademark registration process. Here's what we learned:
- Trademarks have a legal purpose: They protect consumers from being misled about products' origins, quality, ingredients and other important factors by identifying specific companies
- Trademarks have economic value: A registered trademark allows its owner exclusive rights over specific words or phrases associated with their business