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How to Trademark a Name - Tutorial from a Lawyer

trademark theft cost small businesses

over 300 billion dollars a year I know

so let me show you how to register your

trademark step number one create unique

words or a symbol as your trademark what

can be trademarked any name symbol

slogan design that is uniquely

identified with your product or service

people often use the word trademark to

refer to both trademarks and service

marks technically a trademark is for

your goods whereas a service mark is for

your commercial services why should you

trademark two reasons

it keeps customers who had good

experiences with your product or service

coming back for more it also helps them

find your product by finding that logo

or that name or that symbol that is

trademarked and identifies your unique

product or services in reality coke may

be indistinguishable to your taste buds

from other carbonated drinks however you

always order a coke because you remember

how good it tasted after you scored your

first touchdown you also trademark to

prevent others from taking your

particular mark and then trying to use

that mark to sell their own goods and

services it's very likely that if

Pepperidge Farms did not trademark its

name someone would steal it and attempt

to trick customers into buying their own

crackers instead of Pepperidge Farms

while some of us will create a unique

design as our trademark that no one has

ever thought of some of us want a

trademark a word phrase that maybe

someone has thought of and previously

registered so it is really smart to

research whether or not your word phrase

if you have a word phrase has been used

before

and previously registered there are

three different types of research to

perform to determine whether or not the

word phrase you on a trademark has been

used before or as previously registered

but before we get there here's when you

may want to get an attorney involved in

the trademark process attorneys have

access to very sophisticated

professional databases that provide very

timely and accurate information about

pending trademark applications so if you

have the resources you make and

are delegating the research process to

them however if you're a

do-it-yourselfer like me here's how to

research whether or not pending

trademark applications are in the

computer system first it's really easy

perform a Google search and determine

whether or not the words you want a

trademark appear in business anywhere

else second go to who is ICANN org and

do a search and find out whether or not

the words you want a trademark appear in

domain names in the world the last part

of the research happens at the website

for the US Patent and Trademark Office

you use a system that they have it's

free to use called tests trademark

electronic search system you use the

system determine out whether or not

there are pending trademark applications

in America for the words you want a

trademark test is really easy to use

simply go to the website for the USPTO

gov hover over the trademarks tab click

on searching trademarks scroll down to

search trademark database you click

there move down to basic word mark

search and then you click there then you

go into the search term field and you

type in the words that you want to be

trademarked I previously entered what a

feeling because I was pretending like I

was selling a online product like an

online vitamin and I can see here that

there's at least one application for

this mark that is live in other words

it's pending when it says dead then the

mark has been abandoned and is available

you use the basic word mark search when

you're trying to trademark words however

when you want a trademark a design you

have to use the design mark search and I

made a video about how to use that

design word mark search and you can find

the link to that video in the

description section below if you do not

see in this screen that the words that

you want to use as your trademark has a

live application pending then you're

looking good for a trademark and you can

move on to the next step but before we

get there let's take a quick break we've

been talking about a lot of complex

subjects do you want to trademark a

product or a service if you want to

trademark a product then write trademark

in the comments if you want to trademark

a service then write service mark in the

comments below okay let's get back to

the steps step number three

use your trademark to lock in your

trademark you actually have to use the

words in the symbol in your online

business in America once a business

starts to use a distinctive name or

symbol immediately and automatically has

the right to prevent others from using

that distinctive name or symbol

basically the rule is use it or lose it

how do you use a trademark well first

your trademark has to be used in your

actual business second you have to

display the mark so that it's physically

associated with the particular product

or service that you are going to sell so

that could be like a label or a tag

perhaps the trademark appears on your

website step number four register your

trademark once you have used your

trademark your next step is to protect

it under federal law by officially

registering it where do you register it

by going back to the USPTO gov website

under the trademarks tab go to apply

online click on initial application

forms there's three different types of

application forms I use the TE a s RF at

this time of the video it costs $50 more

than the cheapest application but I

don't want to go through the goods and

services listing and I really don't mind

communicating with the USPTO through

email and online correspondence when you

get to the applications scroll down and

check no an attorney is not filing this

application then you click continue at

the bottom here you fill up the

applicant contact information remember

applicant means the owner of the mark

not the person filling out the form so

if you want your business to own the

mark you should enter in the business

name as the applicant after you're done

filling out the contact information

click continue and you arrive at the

mark information screen you click on

standard characters and then you enter

in the trademark phrase and maybe you

get a preview it like I did here then

you click continue next is the good

service information screen click on add

goods and services then type in the

basic category for your product click on

go then you get this listing of all

these different types of related

products in this example I'm seeking at

trademark for cornbread and so I clicked

the cornbread box and hit inserted

checked entries then you just click on

the bottom continue you don't need to

identify the filing basis then it's

continue again this takes you to the

final screens of the trademark

application you enter in your payment

information and then you submit the

trademark application form and there you

have it you did it your trademark

application is submitted step number

five wait for official registration the

next step in the process is actually

waiting waiting for the notice of

publication if you get that then you

know your trademark application was

properly prepared when you get the

notice of publication then you know that

the USPTO has sent your trademark

application to the Official Gazette

which is a publication that the public

can read and see your trademark

application and oppose it if they want

to if no one opposes your trademark

application for 30 days then you have

cause for celebration because you know

that a certificate of registration of

your trademark is on its way you did it

now you know how to register a trademark

for your online business if you need

some help with the research process

I made a bonus video and you can access

that video by clicking the link in the

description section below otherwise for

more in depth discussion about those

topics that we talk about in the heart

of the matter videos and free legal

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can find a link to the group in the

description section below if you like

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Wednesday when a new heart of the matter

video comes out today we've been talking

a lot about trademarks but if you ever

thought about copyrights specifically do

you know how to avoid copyright strikes

on YouTube if you don't and you want to

learn more while I made a video about

fair use and how to avoid copyright

strikes on YouTube you can watch it by

clicking the card right there alright

we'll see you next time

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