How to Trademark the Name of a Product?

Introduction

If you have a product name that you want to protect, it's best to trademark it. You can do this by applying for a federal trademark with the United States Patent and Trademark Office (USPTO). A basic federal trademark registration costs $225, and it lasts for ten years.

Register your Trademark with the USPTO

It's a good idea to register your trademark with the U.S. Patent and Trademark Office (USPTO) if you want to establish yourself as a legitimate brand. Registering your trademark with USPTO gives you more legal protection of your brand, and it allows you to use the mark on products or services in connection with those specified in your application.

Fill out an Application

The first step is to fill out a form. When you submit the application, one of the things that you need to do is pay a fee (either $325 or $600 depending on whether it’s an electronic submission). You also need to provide a specimen of the trademarked item and other paperwork showing that you are entitled to use that particular mark. In addition, you will need to provide a statement of use if your mark has not yet been used commercially by means of advertising or by selling products through retail outlets or mail order houses for at least six months before filing an application for registration purposes with U.S Patent & Trademark Office (USPTO). You must also submit a declaration under penalty of perjury stating that all information provided in this application is accurate and truthful; failure to do so may result in prosecution under federal law.

Consider hiring an Attorney

You might consider hiring an attorney to help you with the paperwork so you don't make mistake or if you are planning to start a business or sell your product internationally. For example, if you want to trademark a name that includes words in another language, your attorney may be able to help guide the process and translate any necessary documents into English on your behalf. If this is all new territory and you're not sure where to begin, it makes sense to speak with an experienced professional who can walk you through each step of the process (and guide you away from any pitfalls).

Provide a Specimen

You'll need to provide a specimen of your trademarked item along with your application. The specimen demonstrates that you're using the name in commerce, which is an important requirement for obtaining a trademark. The specimen can be any image or sample (like a photograph) of the product with its trademarked name clearly visible. The specimen must be filed with the USPTO within six months of when you file your intent-to-use application. It can't be altered during this time period and it must be in black and white since color isn't available on paper applications.

Takeaway

To get legal protection of a product name, you must register your trademark with the USPTO. A trademark gives you the right to use a name, logo, or slogan in connection with your goods and services. A registered trademark gives you more legal protection than an unregistered one. If someone else tries to use your registered trademark without permission, they can be sued by you for trademark infringement.

Conclusion

If you want to protect your brand or products and make it easier for consumers to find you in the marketplace, then it's worth it to register your trademark with the U.S. Patent and Trademark Office (USPTO).