Trademark Registration: Building Your Brand's Legal Protection

What is a Trademark?

A trademark is a word, phrase, symbol, or design that identifies your brand's goods or services. It captures both your brand identity and the goodwill you've built with customers. Often called "the people's intellectual property asset," trademarks are accessible and relatively inexpensive to protect.

Types of Protection

• Word marks
• Design marks
• Sound marks (like Southwest's "DING!")
• Service marks (for services rather than goods)

Registration Requirements

To qualify for federal registration, your mark must:

1. Not be confusingly similar to existing marks
2. Identify goods/services traded in interstate commerce

Benefits of Federal Registration

• Constructive notice of ownership
• Legal presumption of exclusive rights
• Ability to sue in federal court
• Protection against infringing imports
• Basis for international registration

Understanding the Registers

Principal Register:

• Default registration option
• Full trademark protection benefits
• Indefinite term with proper renewals

Supplemental Register:

• Alternative for marks not yet eligible for Principal Register
• Limited benefits but provides path to protection

Registration Process

1. Search for competing marks
2. File electronic application ($250 per class)
3. Examination by USPTO attorney
4. Response to any office actions
5. Publication for opposition
6. Registration certificate

Timeline and Investment

• First response: ~6 months
• Total process: ~11 months
• Tinch Law's attorney fees: ~$1900
• Government fees: $250 per class

Ready to protect your brand? Book a strategy meeting to discuss your trademark needs.

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