Gaizer.com Tips for Business Start-ups

A trademark will help you differentiate your product from others available on the market. A servicemark will do the same for your service. Trademarks or servicemarks are words, phrases, symbols, designs, or a combination thereof that identifies the source of your products and services to others.

You do not need to register a trademark or servicemark. You can establish rights on a mark based on its legitimate use. When you start using your brand name, logo, or other corporate identity, if you are the first to use it, you have rights over others. Entrepreneurs are usually fine with not initially registering a trademark to save money, but later file for a trademark once the business starts making money.

There are advantages to registering a trademark or servicemark:

• Automatic notice to the public of the registration of a mark.
• Evidence of ownership of the marks and exclusive rights to use the mark nationwide or in connection with goods or services listed in the registration.
• Ability to use legal action to enforce ownership and exclusivity of the mark.
• Ability to use the mark’s registration to obtain registration in foreign countries.
• Ability to file the registration with the U.S. Customs Service to prevent importation of imported goods that infringes on your trademark.

Trademark Duration

The registration lasts for ten years, but is renewable every ten years thereafter. You will need to file a special affidavit between the fifth and sixth year of the original filing to keep the registration alive.

Filing a Trademark

You can use the Trademark Electronic Application System (http://www.uspto.gov/teas/index.html), to file your application online.

You can also access the TEAS service through Patent and Trademark depository libraries throughout United States. You can find a list of the libraries by going to http://www.uspto.gov/web/offices/ac/ido/ptdl/index.html.

Filing fees range between $325 if you use the TEAS service to $375 if you use a paper application. For a complete list of fees, go to the U.S. Patent and Trademark office Web site for a complete fee schedule.