basic ingredients of the trademark process


BASIC INGREDIENTS of theTRADEMARK PROCESS


• What is a registered trademark?

BASIC INGREDIENTS of the TRADEMARK PROCESS


• What is a registered trademark?– A symbol, word, or words that are distinctive, legally registered with

the United States Patent and Trademark Office, and used by an individual or business organization to identify that the products with which the trademark appears originate from a unique source, and to distinguish its product(s) from others.





– Do not confuse a registered trademark, a circle “R”, with a TM, circle “C” or a patent.






• A TM simply means a company claims that symbol as theirs, may legally register the mark, and intends on protecting their mark.







• A circle “R” means the mark is registered with the USPTO.








• A service mark applies to services







• A circle “R” means the mark is registered with the USPTO.• A copyright applies to original work such as a screenplay,

or this powerpoint








• A copyright applies to original work such as a screenplay,

or this powerpoint

• A patent applies to an invention



• What is a registered trademark?• What types of products or brands should be

trademarked?



• What is a registered trademark?• What types of products or brands should be trademarked?

– Any company and/or it’s product(s) that are currently being used in commerce or are intended to be used in commerce, such as a Bob’s Cereal Co., and Bob’s Freedom Fruit Grain cereal.

– Any sub-brands within a company that is offered for sale such as Bob’s Freedom Oats cereal.



• What is a registered trademark?• What types of products or brands should be trademarked?• Why should I consider a trademark?



• What is a registered trademark?• What types of products or brands should be trademarked?• Why should I consider a trademark?

– Registered trademarks protect your product from being copied by your competition.

– Registered trademarks also lets everyone else know that you intend on protecting your intellectual property.

* During the trademark process, a product word/logo mark should use the “TM” mark, but cannot use the circle “R” mark. Once the process is complete and the trademark is fully registered, the TM mark switches to the circle “R” mark, indicating a registered trademark.



• What is a registered trademark?• What types of products or brands should be trademarked?• Why should I consider a trademark?• What if I don’t trademark my brand or product?



• What is a registered trademark?• What types of products or brands should be trademarked?• Why should I consider a trademark?• What if I don’t trademark my brand or product?

– You may not be able to stop a competitor from copying your product.– You can proceed with business as usual without this added level of

protection.



• What is a registered trademark?• What types of products or brands should be trademarked?• Why should I consider a trademark?• What if I don’t trademark my brand or product?• How do decide to trademark or not?



• What is a registered trademark?• What types of products or brands should be trademarked?• Why should I consider a trademark?• What if I don’t trademark my brand or product?• How do decide to trademark or not?

– Contact a trademark attorney• They can help you consider things like cost, follow up, logistics,

levels of protection, exposure, enforcement, etc.



• What is a registered trademark?• What types of products or brands should be trademarked?• Why should I consider a trademark?• What if I don’t trademark my brand or product?• How do decide to trademark or not?• I’ve decided to trademark my product. Now what?

– You have two choices:




– You have two choices:• contact a trademark attorney• do it yourself




– You have two choices:• contact a trademark attorney- GOOD CHOICE!• do it yourself




– You have two choices:• contact a trademark attorney• do it yourself- you’re not afraid of government paperwork



You’ve decided to do it yourself



You’ve decided to do it yourself• Step One: Research all you can at www.uspto.gov

(United States Patent and Trademark Office)


http://www.uspto.gov/


You’ve decided to do it yourself• Step One: Research all you can at www.uspto.gov• Step Two: Perform a basic search for conflicts of usage





– Let’s say you search FARMERS MARKET




The search shows 139 entries found



Click and research similar entries




– Let’s say you searched Farmers Market The search shows 139 entries - study them all.

– If you find a potential conflict, you need to overcome possible objections, rethink your mark, or contact a trademark attorney.

BASIC GREDIENTS of the TRADEMARK PROCESS




– If nothing comes up, proceed to next step.




You’ve decided to do it yourself• Step One: Research all you can at www.uspto.gov• Step Two: Perform a basic search for conflicts of usage• Step Three: Begin the process of filing forms. Go to

www.uspto.gov TEAS (Trademark Electronic Application System)





– It is a 27-page .pdf document. This is about the process, and not about how to fill out the application. Take it step by step. Any questions, contact a trademark attorney. There is a substantial time commitment involved, and some find hiring a trademark attorney to be a better use of their time and money.





• Step Four: Determine your type of mark– standard character mark or a design mark

• www.uspto.gov/trademarks/basics/index.jsp





• Step Four: Determine your type of mark• Step Five: Identify your class of goods

– Classes are like product categories, like; staple foods, agriculture products, beverages, wine and spirits, etc.





• Step Four: Determine your type of mark• Step Five: Identify your class of goods• Step Six: Select the proper “basis for filing”

– Most U.S. applicants base their application on either their current use of the mark in commerce or on their intent to use the mark in commerce in the future.





• Step Four: Determine your type of mark• Step Five: Identify your class of goods• Step Six: Select the proper “basis for filing”• Step Seven: Monitor the status of application



You’ve decided to do it yourself• What else should I know about?



You’ve decided to do it yourself• What else should I know about?

– Fees are about $275 to $325 per filing class– Expect to spend about 20-30 hour on the process– Do not miss a deadline, or fill out a form incorrectly– There are NO REFUNDS to the process– There are strict time limits to filing forms– The entire process can take up to 12 months



You’ve decided to do it yourself• What else should I know about?• What happens next?




– USPTO reviews your application. If you have met the filing requirements, an application serial number is assigned and the application is forwarded to an examining attorney.





– If there are no objections, or objections are overcome, the office publishes your word mark. If no opposition is filed, the application enters the next stage of the registration process.






– A Notice of Allowance is issued (another fee and form).






– A Notice of Allowance is issued (another fee and form).– You have 6 months to use the mark in commerce and file a

Statement of Use.






– A Notice of Allowance is issued– You have 6 months to use the mark in commerce and file a

Statement of Use– Registration Certificate is issued. Congratulations.




“If the thought of re-paying about $250 in fees, andlosing a few months time for the chance that you canget it right yourself is better than the cost of hiring a

corporate attorney then go for it. We hired an attorney.”– Sheree Brekke, founder, Chia Stuff, Inc.


www.recipemarketing.com

basic ingredients of the trademark process

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