Bennuiki: Registering a Trademark

Bennuiki = A Bennu Wiki. Ha! I’m a clever duck.

First let’s get some minor matters out of the way.

What is a trademark? What about a service mark?

• A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others.
• A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Throughout this booklet, the terms “trademark” and “mark” refer to both trademarks and service marks.

Why should I register my trademark?

1. The incontestable status that a mark can achieve after five years of registration, which serves to eliminate most arguments that the registrant does not have the exclusive right to utilize the mark.
2. The right to use the ‘Circle-R’ symbol in connection with the mark, which may deter potential infringers.
3. Increased ease of discovery by those doing trademark searches, which helps to prevent the adoption of confusingly similar marks by third parties
4. The right to sue for infringement in federal courts.
5. The ability to recover profits, damages and costs for infringement, including the possibility of receiving treble damages in certain circumstances.
6. The ability to recover attorney fees in infringement actions.
   How do I know if my trademark has been registered by a third party?

You should do a quick search on the USPTO website to see if someone has beat you to the trademark registration figurative punch. Click Here to have your trademark dreams shattered. If a diligent search for your trademark and confusingly similar marks comes up clear, you should proceed with registering your trademark.

Ok, so the name is clear … now what?

To register your trademark you can pursue a Federal or a State trademark.  If you are going to be a local business with no intention of expanding or doing business with other states in any capacity, including the internet, then a State trademark may be the way to go. If you are or plan on selling your products or services in more than your home state then it would behoove you to file for a Federal trademark. The USPTO allows for electronic trademark filing –> Here

Word of Caution

While anyone has the ability to go online to access these forms, it’s strongly recommended to hire a private company or an attorney for the preparation and/or filing of the trademark application. To ensure a successful filing, it’s best to leave it in the hands of those with experience.