So your company has a name, word or symbol that’s being used to sell your goods and services. Plenty of companies have plenty of registered trademarks, but that doesn’t mean everyone has tons of experience registering protectable marks with the U.S. Patent and Trademark Office. Hey, there’s a first time for everything.
For TM novices, Amy Cahill of Stites & Harbison has some tips on how to register a mark in the most straightforward way possible:
- Identify your goods or services broadly: “Generally, you are going to receive the most protection from the broadest identification of goods and services you can get through the USPTO,” she says. And if the PTO finds the application too broad, it will let you amend it.
- Look to future intent: Even if a mark is not currently being used on all goods and services offered at the time, applications can be filed based on an intent to use the mark in the future. If you plan to use your marks within six months to a year, include them in the application.
- Stick to black and white: “A black-and-white drawing of a mark covers the mark as used in any color,” says Cahill. The only exception is when the color is a distinctive part of the mark. But this is rare, and most designs should be filed in black and white.
