Guide to Getting a Trademark

Understand what constitutes a trademark

Trademarks differ significantly from other intellectual property designations such as patents and copyrights. Similarly, not all words or designs are eligible for registration. It is important to understand these distinctions and regulations before investing in a costly design and trademark search.

I recommend: Get fully briefed on trademarks at the USPTO Web site, and learn the benefits of registering by reading Should I register my mark? Also visit the trademark section at Nolo.com.

Performing a trademark search

Before attempting to register a trademark, make sure no similar mark exists. You can do a basic search on your own via the USPTO's Trademark Electronic Search System (TESS). Private companies will perform a more extensive search for fees starting at about $200. Attorneys also handle trademark searches and can provide you with the added protection of a written legal opinion on the legitimacy of your trademark claim.

I recommend: Webster's online dictionary offers an online list of trade names. Explore the trademark search services at LegalZoom, Thomson CompuMark, MyCorporation.com and CompleteTrademarks. Locate an attorney skilled in trademark registration at LegalConnection.

Register your mark

Trademark applications can be made online with the USPTO.

I recommend: The USPTO provides a step-by-step guide to trademark registration along with an online booklet further describing the process and a listing of applicable filing fees, which will run several hundred dollars. But while the system lets you go it alone, the process is complex and requires special knowledge of just what category or categories you should apply to and where you have the best chance of success. USPTO examiners frequently have follow-up questions to an application, and a trademark attorney will be far more qualified to respond than you. Find a patent attorney or agent at USPTO.

Protect your mark

The more you have invested in your trademark the more important it is for you to make sure no other company in the U.S. or elsewhere is copying it or using a similar mark. For that reason you should periodically search for possible infringements.

I recommend: Learn more on trademarks and other forms of intellectual property at AllBusiness.com and Entrepreneur.com. Thomson CompuMark provides online "Trademark Watching Services" that monitor registration databases in more than 200 countries. Assist U.S. Customs and Border Protection officials in their efforts to halt the import of foreign goods bearing infringing marks by insuring your mark is listed with the bureau.