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How To Trademark A Word?
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Trademarks are an essential component of a company’s identity in the extensive world of branding and IP protection. They are the secret ingredient that makes your brand special, which in turn makes it easy for customers to recognize. However, what if you wish to register a single word as a trademark? With the help of real-life examples from businesses that have trademarked words before, we’ll show you the ways.
To illustrate this point, consider two of the most well-known names in the world: “Apple” and “Amazon.” The respective companies’ names have become related with these single-word trademarks. Furthermore, there are memorable slogans like “Just Do It” (Nike) or “Think Different” (Apple) once again. Not only do these words perfectly describe the brand, but they also become memorable and prompt thoughts of the company that created them.
However, what is the procedure for actually trademarking a word? To begin, what are the ground rules and important considerations? In order to help you safeguard your brand’s distinctive identity, we will explain the ins and outs of trademark law and walk you through each step.
Here’s to know how to trademark a word.
How To Trademark A Word?
Exploring Filing Options:
Think about the many options you have for submitting your trademark application. Because of the time and effort saved compared to submitting applications through other channels, a small business owner may opt to file directly with the USPTO. Similarly, a multinational firm such as Nike may choose to hire a trademark attorney in order to deal with the complexities of trademark law on a global scale.
Understanding Fee Structures:
It is important that you examine the current USPTO fee schedule before moving forward with your trademark application in order to gain an understanding of the fee structures. As an example, starting in 2022, each class of goods or services will include a $250 basic filing fee for trademark registration through the Trademark Electronic Application System (TEAS). This cost might change depending on things like the application’s filing basis and the quantity of classes.
Conducting a Comprehensive Search:
Look up any existing trademarks that might be confusingly similar to the term or phrase you want to trademark by conducting a comprehensive search in the USPTO’s Trademark Electronic Search System (TESS). For example, to avoid trademark conflicts, it’s important to check if there are any similar trademarks in the same class of goods before considering to trademark the word “Pixel” for a new line of electronic devices.
Submitting Your Application:
After you’ve finished getting ready to apply for a trademark, the next step is to submit your application through the USPTO’s official website, like the Trademark Electronic Application System (TEAS). Please make sure that your application contains all the necessary components, including a statement of use, examples of previous use, a trademark drawing, a example showing use, and the correct filing fee.
Implementing Trademark Usage:
To begin utilizing the TM (trademark) or SM (service mark) symbols to indicate your claim to the mark, you can start doing so while your trademark application is pending approval. A young firm’s website and promotional materials may prominently feature the trademark (TM) symbol next to the company name. After your trademark is officially registered, you’ll be able to use the ®️ symbol to indicate that your trademark is active and prevent others from using it without your permission.
Why To Trademark A Word?
The numerous benefits of trademarking a word that help with brand protection, recognition, and market differentiation make it an important tool for companies in many different sectors. Think about McDonald’s, a huge fast food chain; it has trademarked its name all over the globe. With this trademark in place, no one other than McDonald’s Corporation can use the name in reference to their restaurant or any products or services connected to it. Protecting their name helps McDonald’s stay ahead of the competition in the fast food industry.
Just like Yahoo!, Google has trademarked its name and become a byword for internet search and web services. Anyone else who uses the name in a way that could confuse customers or lower the value of the brand would be in violation of this trademark. Protecting the term “Google” as a trademark helps build recognition for the brand and solidifies Google’s position as a leader in the technology industry.
The Walt Disney Company is another prime example. It has trademarked not only the name “Disney” but also a number of logos, slogans, and characters connected with its cherished brand. With its vast trademark portfolio, Disney is able to safeguard its intellectual property and keep full creative control over its beloved characters and animated features. The trademarks of Disney, such as Mickey Mouse and “The Happiest Place on Earth,” are fundamental to the company’s reputation and popularity around the world.
In addition, Starbucks has secured trademarks for its name, logo, and a number of its products, including “Frappuccino” and “Starbucks Reserve.” Starbucks uses these trademarks to set itself apart in the crowded coffee industry and stop imitators from making money off of its popularity. Starbucks is able to keep its reputation and provide customers with a good experience all over the globe by vigorously defending its trademarks.
Cost For Trademarking A Word:
The cost of trademarking a word depends on various factors, including the filing method and the number of classes of goods or services covered in the application. When filing directly with the United States Patent and Trademark Office (USPTO) through the Trademark Electronic Application System (TEAS), applicants can choose from three basic options:
- TEAS Plus:
- Basic filing fee: $225
- Additional fee for each extra class of goods or services: $125
- This option offers the advantage of receiving further communications via email.
- TEAS Reduced Fee:
- Basic filing fee: $275
- Option to pay an additional fee of $125 for each extra class of goods or services later.
- Similar to TEAS Plus, this option provides the benefit of receiving further communications via email.
- TEAS Regular:
- Basic filing fee: $400
- Additional fees apply for adding classes of goods and services.
- Applicants have the option to submit further application materials outside of the TEAS system.
It’s important to note that these fees are for each class of goods or services included in the trademark application. Therefore, the total cost of trademarking a word can vary depending on the scope of protection desired and the complexity of the application.
Additionally, applicants may incur other expenses, such as legal fees if they choose to work with a trademark attorney for assistance with the application process. However, these fees can vary depending on the attorney’s experience and the services provided.
How Can One Effectively Monitor A Trademarked Word And What Are The Associated Costs?
When it comes to keeping checks on trademarks, trademark monitoring services are among the most popular options. To ensure that your registered trademark is not in conflict with any recently submitted trademark applications or published marks, these services scan the web in real time. Trademark monitoring services can be expensive; the price tag will reflect the service’s provider, scope of coverage, and length of time in operation. A trademark monitoring service’s yearly subscription fee can be anywhere from a few hundred to several thousand dollars.
Another option is to check trademark databases on a regular basis to see if there are any possible conflicts. To help you find similar trademarks and keep tabs on new filings, the USPTO offers online tools like the Trademark Electronic Search System (TESS). Though it could save you money in the long run, this approach still necessitates consistent human intervention and might fall short of what expert monitoring services can provide.
If you come across any trademarks that could be in conflict while you are monitoring, it is recommended that you consult with a trademark attorney for legal advice. The attorney can determine if there is a high risk of trademark confusion and advise you on what to do next, such as file a cease-and-desist letter or start legal proceedings. Your attorney’s fee for a consultation will change based on their level of expertise and the difficulty of your case.
Moreover, legal actions, such as submitting trademark oppositions, cancellation procedures, or legal actions, may include additional costs if you need to enforce your trademark rights against parties that infringe on them. Depending on the complexity and type of enforcement actions needed, these costs can vary greatly.
Contact Us:
Get in contact with us if you need more details on how to trademark a word and what the costs are. For more information and to securely begin the trademarking process, connect with us today.
