Creators and entertainers are also business owners and the best way to protect their businesses is to protect their work, their brand, and their sayings is by filing for a trademark. Trademarks mean your content is inherently unique and cannot be used by someone else without your permission. But the filing process can be overwhelming if you’re not sure where to start. While a Nashville trademark law attorney can help you with your application, it’s still helpful to know what to expect. Here’s a quick breakdown of the process.
Make Sure You’re Eligible for a Trademark
Before you apply for a trademark, you’ll want to make sure you’re eligible for one in the first place. Though the requirements for content to be protected by trademarks are relatively flexible, there are still some requirements you’ll need to satisfy.
You should be protecting a word, phrase, symbol, design, physical product, or other item that is representative of your brand or products and services that your brand offers. And that representation of your brand should be 100 percent unique and yours, not something incredibly similar to your closest competitor. If you’re not sure, speak with a Nashville trademark law attorney to see if your property qualifies for a trademark.
Search for Similar Trademarks
Just because you’re eligible for a trademark doesn’t mean you’ll receive one. Remember, the trademarked item must be completely unique. It shouldn’t be identical or similar to your competitors or another brand on the market. Before filling out an application, you’ll want to do your due diligence and research other similar trademarks. If yours is unique enough, you should be able to proceed with the registration process.
Fill Out Your Application
You’ll need to fill out a trademark application through USPTO.gov. Register for an account and fill out as much information as you can to the best of your ability. Remember, the more detail you can provide, the better. Any errors on your application can delay the registration process, so take your time. If you’re worried about your ability to fill everything out correctly, consider working with a trademark law attorney from the beginning.
Pay the Fee
Unfortunately, registering a trademark isn’t free. You’ll need to pay a fee at the time of filing. The exact amount you’ll pay will vary depending on the type of material you’re trademarking and how many trademarks you’re filing for. You can get a quick estimate of what you’ll have to pay by visiting the US Patent and Trademark Office (USPTO) website and checking out their fee list.
Answer Questions From the USPTO
Once you file your application and pay the fee, the USPTO will assign an attorney to your case. They’ll review your application and make sure what you’re trademarking is truly unique. As they start their review, they may contact you with questions. Answer those questions as clearly as you can. If everything looks good to them, you’ll receive your trademark.
Brassel Law Is Here to Help
Filing for a trademark is a great way to protect your brand, but if the filing process feels like more than you want to tackle on your own, don’t give up hope. Work with an attorney. At Brassel Law, our team understands the ins and outs of the trademark filing process and can help you every step of the way. Contact us to schedule a consultation.