How to Register a Trademark in Kansas?

Introduction

A trademark is a term, phrase, symbol, or design that identifies the source of products and services. A trademark can also be used to identify an individual's name, company name or any other indication of its source. Trademarks are an important aspect of branding and marketing strategy, as they help consumers connect with brands in a way that has become largely visual. In other words, trademarks are what make your business stand out from its competitors' offerings.

Choosing a Name

Choose a name that's unique. A trademark is basically the name of your business, so it must be unique if you want to keep others from using it. You can't just pick any word or phrase and think it will work for your company—you need something that's distinctive enough that no one else has thought of it before, so the government will grant you exclusive rights to use the mark in connection with your goods or services. Choose a name that is neither too lengthy nor too short.. In order to qualify as protectable under U.S law (and therefore eligible for registration), trademarks must also be written out in words rather than logos and symbols; this means they need enough letters within their names so they're not too short (which would make them generic) or too long (which would give competitors an easy target).

Filing an Application

The first step in the process is to file a trademark application with the USPTO. This helps you claim ownership of your mark, and allows you to begin using it on products sold in the U.S., even if you don't yet have a registration from the USPTO. Complete and Accurate Application. To complete your application, you must include all necessary information such as:

the name of each applicant
a drawing of what looks like your logo or trademarked words
a description of the mark, including its color and how it is used

Paying Fees

As part of your application, you must also pay a fee. The amount varies based on how many marks you want to register at the same time and where they will be used. For example, if you are filing for a trademark in all classes of goods or services, expect to pay around $400 per application. You can also file for just one class of goods or services on each mark, these cost between $200 and $300 each.

Reviewing the Application

Before submitting the application, it is important to review the information carefully. Look for any errors or omissions, and if you find any issues that may cause a delay in the application process, fix them before you submit. For example, if your application does not contain all of the necessary supporting documents such as samples of how your trademark will be used on products or services, make sure you amend it before submitting.

Responding to Office Actions

The USPTO will send you an Office Action if it disagrees with your trademark application. You should read the Office Action carefully and respond to it within the time limit given in the letter. If you disagree with a rejection, you can submit evidence of use or intent to use your mark in commerce under Section 2(f) of the Lanham Act to prove that your proposed mark is not generic, descriptive, or otherwise invalid under applicable law. You have three months from when they mail their decision on whether they’ll allow the registration of your trademark before they actually grant it—unless they tell you otherwise.

Takeaway

The process of registering a trademark in Kansas can be complicated and lengthy. If you're planning on selling your products or services, it may be worth it to hire an attorney to help you navigate the legalities.