What is a Trademark?
A trademark is the common name given to a number of different types of marks. These marks identify and distinguish the goods or services of one company from those of another. Registration of a mark gives the owner the exclusive right to use that mark. The owner can prevent unauthorized use of that mark or other similar marks. Registration of a mark in the United States only provides legal protection within the United States. If the owner requires protection of that mark elsewhere, then trademark applications must be filed abroad. Only after a trademark is registered at the Patent and Trademark Office can the owner use the official insigniation ®.

A trademark can be a word, a phrase, a shape, a sound, or a combination of these. A trademark associated with a product must be applied to the goods themselves or to their packaging. A service mark is associated with the services provided by someone. A service mark appears in the advertising materials associated with the services. Certification marks certify the regional or geographic origin of a product. They can also certify the material, method of manufacture, quality or a particular characteristic of the goods or services. Collective marks are the marks used by members of an association, group or organization to indicate membership in that group.

How do you register a Trademark?

• Once a mark has been selected, a search should be conducted at the Patent and Trademark Office by a qualified searcher. The search determines whether the desired mark or any similar or confusing marks are already registered. Skipping this step of the process ultimately could be costly if such a mark is found after the trademark has been adopted and incorporated into advertising materials.
  
  
• An application is prepared and filed with the Patent and Trademark Office. In the United States a trademark application can be filed on the basis of existing or intended use in the U.S. A foreign registration or application can also be used as a basis for registration.
  
  
• After a period of several months the application is examined by a Trademark Office Examiner who determines whether the mark meets all requirements for registration. If the Examiner objects to the application an Office Action is issued. This document states the objections and provides an opportunity to argue against the Examiner’s objects to registration.
  
  
• If the Applicant is successful in overcoming any objections, the application is published in the Trademark Gazette.
  
  
• After publication, any interested party may lodge an objection to the registration. The Applicant has opportunity to overcome these objections.
  
  
• If all these obstacles are overcome and if the mark is used in the United States, the mark will be registered.
  
  
• Five years after registration the owner must file an Affidavit to indicate that they are continuing to use the mark. The registration is granted for a ten year period and can be renewed for additional ten year periods indefinitely.

Why register for trademark protection?
Registration of a trademark advises the public of the ownership of a mark and of the origin of the particular goods or services. In the marketplace, product positioning and branding enhance marketing and advertising programs while establishing differential advantages amongst competitors. Registration of your trademarks provides for legal remedies should competitors infringe upon your marks.