What Happens If I Use Someone Else's Trademark in My Advertising?

Applying for trademark protection can be done entirely online. At the time of publication of this book, the application fee is $350 for each class of goods/services using the Trademark Electronic Application System (TEAS) Plus online filing system. The USPTO application fee is nonrefundable. So, filing an accurate application for a distinct mark is essential.

Before applying to register your trademark, you must thoroughly research the USPTO filings, state business registrations, website domain registrations, and the internet, in general, to determine whether there are any already existing similar business names or logos. Without conducting that search, you don’t know if any similar marks are already registered or in the application process. If there are, your application will be quickly denied, and you will lose the application fee. You would then need to decide on a new name or logo and start the process over again. This could be a significant problem if you have already been using the name and people in your area know you and your business by that name.

Before applying to register your trademark, you must thoroughly research the USPTO filings, state business registrations, website domain registrations, and the internet, in general, to determine whether there are any already existing similar business names or logos. Without conducting that search, you don’t know if any similar marks are already registered or in the application process. If there are, your application will be quickly denied, and you will lose the application fee. You would then need to decide on a new name or logo and start the process over again. This could be a significant problem if you have already been using the name and people in your area know you and your business by that name.

For most businesses with a name and logo, you need to decide if you should file multiple applications to protect your brand. If the name of your business is unique and significant and is contained in the logo, you might consider filing a standard character mark application for the name alone. This provides the broadest protection for your name. But if you have a distinctive logo that does not contain the business name, you may want to apply for a stylized mark for the logo as well. The cost to file doubles when filing two different types of applications. The opportunity for error also increases, especially when applying for the stylized mark for the logo.

For most businesses with a name and logo, you need to decide if you should file multiple applications to protect your brand. If the name of your business is unique and significant and is contained in the logo, you might consider filing a standard character mark application for the name alone. This provides the broadest protection for your name. But if you have a distinctive logo that does not contain the business name, you may want to apply for a stylized mark for the logo as well. The cost to file doubles when filing two different types of applications. The opportunity for error also increases, especially when applying for the stylized mark for the logo.

For most businesses with a name and logo, you need to decide if you should file multiple applications to protect your brand. If the name of your business is unique and significant and is contained in the logo, you might consider filing a standard character mark application for the name alone. This provides the broadest protection for your name. But if you have a distinctive logo that does not contain the business name, you may want to apply for a stylized mark for the logo as well. The cost to file doubles when filing two different types of applications. The opportunity for error also increases, especially when applying for the stylized mark for the logo.

For most businesses with a name and logo, you need to decide if you should file multiple applications to protect your brand. If the name of your business is unique and significant and is contained in the logo, you might consider filing a standard character mark application for the name alone. This provides the broadest protection for your name. But if you have a distinctive logo that does not contain the business name, you may want to apply for a stylized mark for the logo as well. The cost to file doubles when filing two different types of applications. The opportunity for error also increases, especially when applying for the stylized mark for the logo.

On its face, the application process is straightforward. However, as mentioned here, several places in the process can be tricky and, if not done correctly, could cost you valuable time and money. There are also important renewal forms and deadlines to keep track of after registration. Considering the critical value a trademark can bring to your business and the filing fees alone that could be lost if not filed correctly, consulting an attorney for assistance with this process could be a worthwhile investment in your business.

On its face, the application process is straightforward. However, as mentioned here, several places in the process can be tricky and, if not done correctly, could cost you valuable time and money. There are also important renewal forms and deadlines to keep track of after registration. Considering the critical value a trademark can bring to your business and the filing fees alone that could be lost if not filed correctly, consulting an attorney for assistance with this process could be a worthwhile investment in your business.