Imagine spending extensive time, energy and finances on coming up with the perfect logo or design to represent your business. Then, consider how you would feel if your logo was appropriated by another business and they claimed to have come up with the idea themselves. Luckily, you have the United States Patent and Trademark Office (USPTO), an agency of the Department of Commerce, which provides businesses and individuals with the opportunity to file a trademark – a type of intellectual property, such as a word, phrase, symbol, domain name or design that identifies and distinguishes the goods of one merchant's or manufacturer's products from others.

The best thing to do and one of the first steps you should take when starting a business is to trademark your name, or at the very least, research if your name is trademarked. It is known already that registering a US trademark will protect your brand from infringement and use by other entities. If you find out that your name already has a registered US trademark, you might want to consider rethinking your brand name.

You can visit the United States Patent and Trademark Office website and use its Trademark Electronic Search System to search for registered trademarks. Ideally, this step should be taken before or during the process of naming your business. If you discover that your name has a registered US trademark, you might need to consider a different brand name. If you don't find a registered US trademark, it does not necessarily mean your application will be approved. The U.S. Patent and Trademark Office reserve the right to deny your application.

The simplest and cheapest way to trademark your name is to file an application online. Check the USPTO's fee schedule to see how much it will cost to file your application. You can also hire a trademark attorney to guide you through the process of filing a trademark application. The process can be tricky, and putting the wrong information on your application or skipping sections can result in the USPTO denying your application. Search for qualified trademark attorneys in your area who can help you, some of whom might offer a cost-effective, flat consulting fee.

If you believe that hiring a trademark attorney is too expensive, you could use online legal services to help you file your trademark application. Many of these sites will advertise low filing prices, but the prices listed are in addition to the government's filing fee. You will still have to pay the filing fee, as well as the consulting fee you pay any outside service.

Don’t forget that a US trademark serves as constructive notice to the public that you're claiming the trademark. That means, essentially, that if another company infringes on your trademark, it can't plead ignorance by saying it had no way of knowing it was doing so. Second, registration creates the legal presumption that you have rights to the trademark. Third, registration allows you to sue over infringement in federal court, rather than state courts. Fourth, it gives you a basis to register the trademark in other countries. Finally, it allows you to file the US trademark with U.S. Customs, which can block imports of products illegally using your trademarks.


If you’re looking to trademark http://www.trademarkdirect.com your name and you feel overwhelmed you don’t have to worry. There are professionals who can help you register a US trademark http://www.trademarkdirect.com.