1. Search Your Trademark for Free
Whether you want to register a trademark that you have just created or a trademark that you have used for years, the first step in the trademark registration process is to determine whether and to what extent other parties are using trademarks similar to yours. A comprehensive trademark availability search will help answer two questions relating to your trademark:
- "Is anyone using this mark"
- "Will use of my trademark subject me to liability for trademark infringement?"
This search is available for free from Trademarkia and dates back to 1870 including living and dead (or abandoned) trademarks. You can search by Register a Trademark name, Register a Trademark slogan, or Register a Trademark logo theme. Trademarkia puts the power of finding available marks in your hands without costly legal fees.
Once you have determined whether or not your Trademark is available, you can begin the online trademark process on Trademarkia. We offer three packages to help you file your Trademark with as much assistance as you need.
2. The Application Process
Trademarkia's online application service was designed by IP lawyers and every application we receive is filed by qualified Paralegals. A properly crafted trademark registration application will (1) help to assure that your trademark registration provides the broadest possible protection and (2) help your application to proceed as smoothly and as quickly as possible through the USPTO. Our process will also obtain from you appropriate tags, labels, descriptions, or other materials to be included with your application.
Trademarkia automates and simplifies the trademark process. You just need to follow 3 easy steps to finish the application process. Get Started >>
3. USPTO Examination
Once we have filed your application with the USPTO, they will assign a "filing date" as of the date the application was received. If the application meets the filing requirements, the PTO assigns it a serial number.
A few months after the application is filed, an Examiner at the PTO will review the application and determine whether the mark may be registered. If the examining attorney determines that the mark cannot be registered, the examining attorney will issue a letter, referred to as an "Office Action," listing any grounds for refusal and any corrections required in the application. The Office Action must be responded to within six months, or the application will be abandoned. Please contact Trademarkia if you receive an Office Action, and if you are using our Gold Package, an Attorney can respond on your behalf.
The Examiner may refuse to register the trademark for a number of reasons, including a conclusion that there is a likelihood of confusion between the applicant's mark and a registered mark. Marks which are merely descriptive in relation to the applicant's goods or services, or a feature of the goods or services, may also be refused. Marks may be refused for other reasons as well. In some cases, a properly crafted response to the Office Action can overcome the Examiner’s initial refusals to register the trademark.
4. Registration Certificate
If the trademark was in use before the application was filed, the PTO will register the mark and issue a registration certificate about 3 months after the mark was published (if no opposition was filed.)
If, instead, the application was based on the intent to use the mark (an "intent-to-use" application), the PTO will issue a Notice of Allowance about three months after the mark was published (again, provided no opposition was filed). Within six months after the Notice of Allowance is issued, either (1) you must begin using the mark and properly notify the PTO, or (2) request a six-month extension; otherwise, the application will be abandoned. After the PTO has been properly notified that the trademark is in use, the PTO will then issue the registration certificate.
The trademark registration process has many steps and can take a minimum of ten to twelve months (or more) to complete. If your trademark is worth registering, it is worth using and registering correctly and we can help you do that we with a variety of packages to choose from. If you would like to discuss your trademark issue, please feel free to contact us.