Preserving your business identity requires trademarking a business. You have the option to do it nationwide, but you can also do it statewide.

What is the significance of trademarking?

Trademarking involves the registration of a distinctive symbol, word, phrase, design, or combination. It distinguishes between the source of goods or services for one party and those of another. To put it simply, it protects the brand elements that represent your business legally.

• A registered trademark can be used legally against competitors' unauthorized use, which can prevent brand dilution and confusion in the marketplace.
• The trademark owner receives exclusive rights to use it for registered goods or services, giving them a competitive advantage.
• Trademarks help establish brand recognition and trust among consumers by making it easy for them to identify and associate quality products or services with your brand.
• Over time, a trademark can turn into a valuable asset, contributing to brand equity and possibly increasing in value as your business expands.
• If someone infringes on your registered trademark, you have the legal right to take legal action against them.
• Trademarks can be registered internationally, providing protection in other countries and supporting your business's global expansion.

What are the steps involved in registering a trademark with the USPTO?

Several steps must be taken to register a trademark with the United States Patent and Trademark Office (USPTO).

• Pick a distinctive word, phrase, logo, or other mark that you want to register. Ensure that it is distinct and not already used for similar goods or services.
• Make sure your mark is not already registered or in use by another entity by conducting a trademark search. The USPTO's Trademark Electronic Search System (TESS) is a tool that can be utilized for this purpose.
• Prepare and submit your trademark application electronically through the Trademark Electronic Application System (TEAS). To file, you must give details about your mark, the goods/services it will be used for, and your basis for filing (such as current use in commerce or intent to use).
• If there are any issues with your application, a USPTO examiner may issue an 'Office Action', so it's important to respond to their communications after filing. Responding to any office actions within the specified timeframe is necessary.
• When your application is accepted, it will be made public in the Official Gazette, enabling third parties to oppose the registration if they believe it is infringing on their rights.
• A Notice of Allowance will be sent to you once your application is approved if you intend to use the mark in the future. To demonstrate that you are using the mark in commerce, you must submit a Statement of Use within six months (extended).
• Your trademark will be registered and a certificate of registration will be received once all requirements are met and any oppositions are resolved.
• Your trademark must be maintained by filing periodic declarations of use and renewals to keep it active after registration.