Trademark protection is vital for small businesses to secure their brand identity and protect their reputation. As a paralegal of more than 27 years (15 of those years in intellectual property (trademarks), I am writing this post for informational purposes only.
Here are some steps you can take to protect your trademark:
- Conduct a trademark search: Before choosing a trademark, search to ensure it is not already used by someone else. Visit https://www.uspto.gov/trademarks/search
- Register your trademark: Registering your trademark with the United States Patent and Trademark Office (USPTO) provides official recognition of your trademark and legal protection. Visit https://www.uspto.gov/trademarks/apply
- Use your trademark consistently: Use your trademark consistently and in a manner that accurately reflects the goods or services (scope) it represents.
- Monitor for infringement: Regularly monitor for any unauthorized use of your trademark and take appropriate legal action if necessary. Other people may monitor you for infringement as well. Learn more about trademark infringement.
- Update your trademark registration: Keep it updated and renew it as required. Visit https://www.uspto.gov/trademarks/maintain
By taking these steps, you can ensure that your trademark is protected and your business is better positioned to succeed. While you may file your trademark by yourself, consulting with a trademark attorney is beneficial if you have any questions or concerns about trademark protection for your small business.
Filing your trademark by yourself
Filing a trademark application can be done on your own without the assistance of a lawyer. This process is called “pro se” filing. Here are the steps to file a trademark application on your own:
- Conduct a trademark search: Before filing your application, conduct a thorough search to ensure the trademark you want is not already used by someone else. Visit https://www.uspto.gov/trademarks/search
- Choose the appropriate trademark class: Determine the goods or services your trademark will be used in association with and choose the appropriate trademark class.
- Complete the trademark application: Complete the trademark application, including a description of your goods or services and a representation of your trademark. Visit https://www.uspto.gov/trademarks/apply/initial-application-forms
- Submit the trademark application: Submit the trademark application and the required fees to the United States Patent and Trademark Office (USPTO).
- Respond to Office Actions: If necessary, respond to any Office Actions issued by the USPTO within the specified time frame. Visit https://www.uspto.gov/trademarks/maintain/responding-office-actions
- Wait for the trademark to be approved: Wait for the trademark to be approved and published in the Official Gazette. Visit https://www.uspto.gov/trademarks/apply/check-status-view-documents
While filing a trademark application on your own is possible, it can be a complex and time-consuming process, especially if you are unfamiliar with it. It is important to familiarize yourself with the trademark laws and regulations before filing and to seek the assistance of a trademark attorney if you have any questions or concerns.
Bonus Tip:
Protect your trademark overseas: If you plan to expand your business into international markets, consider protecting your trademark in those countries.
Thank you for hanging out with me! Dr. Abi Adeleke, you can find all my podcasts via hangingoutwithdrabi on Spotify. Please subscribe to this blog, so you can get my latest posts. Let’s connect via LinkedIn! P.S. visit our African Fashion Accessories store and support this blog.
