Having a trademark is important since it can distinguish your product or service especially in making your business stand out amongst your competitors. Famous companies of today have trademarks so that they can protect their business and help them be easily distinguished by their customers. But for you to have greater legal protection for your trademark, you should have it registered and have it closely monitored for any unauthorized used by other businesses or imitators. So if you want to prepare your business to have the rights to have that trademark then here is the process on how to do it.
Find out if your mark can be registered – If the trademark that you have in mind is sufficiently distinctive then you can have, it registered. You can establish distinctiveness in your trademark if:
It has become distinctive after a sufficient amount of usage
The mark your business has is “inherently distinctive.”
There are certain instances where trademarks cannot be registered because of a variety of reasons. Make sure that you find out about them to ensure that you are qualified for the rest of the process.
Search for other marks resembling similarities – Even though that you have been using your trademark for quite some time now, you can’t have it registered if a similar looking mark has already been registered. There are agencies and offices that can help you sort out the registered trademarks so that you’ll know if any of them has any resemblance to the one you have in mind.
Evaluate existing trademarks to see if you have any conflicts – If the trademark that you plan on registering is looking a bit similar to another one that’s already registered then you can use the Trademark Applications and Registrations Retrieval (TARR) database to find out about its status. You must have the registration or serial number of that trademark for you to search it on TARR.
Revise the mark – If ever there is an existing mark that looks similarly as yours, be a bit creative and try to revise it in a way that it can be more distinctive. If your mark is “confusingly similar” then it will not be registered so make sure that you make it as unique and as far looking with the one that’s already existing.
Make your trademark more distinctive – To ensure that your trademark will be qualified for registration, you must have created an innovative distinction on it especially if the industry it is involved with is very competitive. The way that a mark can be considered to be an inherently distinctive one is if it’s unique enough that no other business owner would be able to come up with that. If the trademark that you have planned out is something that is inherently distinctive then it can have a greater chance of acquiring trademark protection. So make sure to think over your trademark and revise it as much as you can until you are satisfied with a look that is unlike any other.