Video:How to Trademark a Brand Name

Transcript:How to Trademark a Brand Name

Hi, this is Angela with About.com and today I'm going to show you how to trademark a brand name. Filing an application for your brand name with the U.S. Patent and Trademark Office will secure your trademark rights throughout the entire United States.

Perform a Search to Trademark a Brand Name

First, make sure your brand name is available by performing a trademark search.  This can be performed with the United States Patent and Trademark Office also called USPTO: http://www.uspto.gov/ebc/tess/. If there is a design element to your brand name you want to perform a search at the Design Search Code Manual: http://tess2.uspto.gov/tmdb/dscm/index.htm. At the USPTO website, there is a searchable database that shows current brand name trademarks as well as pending trademark applications. Here you can see if the brand name you have chosen is already in use. You can do this yourself or you can hire a trademark attorney who has legal expertise to analyze the search.

Download the Application to Trademark a Brand Name

You can download the trademark application from the USPTO website, complete it, and submit your application through the postal service or you can complete an online application: http://www.uspto.gov/teas/e-TEAS/index.html. It can take several months for the USPTO to determine if your application meets the minimum requirements for registration. The trademark application fee is non-refundable. So, if you apply for a trademark for your brand-name, and it is rejected, you will lose your application fee.

Apply in a Class to Trademark a Brand Name

When you apply for a trademark, you must apply in a particular class. Trademarks are grouped into 45 different international trademark classes: 34 for products and 11 for services. The fee is around $500 per class. 

What to Do Once You've Trademarked a Brand Name

Once you've successfully trademarked your brand name with the United States Patent and Trademark Office, you can then use the federal registration symbol ® (the circled "R"). After acquiring trademark rights to your brand name, you will want to protect it against the unauthorized use by third parties.  To do this, you put a "trademark watch" in place which will alert you if someone starts using a logo that is too similar to yours.

Thanks for watching. To learn more, visit us on the web at About.com.