How to Register a Trademark: A Guide for Acquiring a Trademark Waterville ME

If you are growing your own business, a trademark may be a very valuable asset that you will want to protect. However, acquiring a trademark for your brand can be a challenge if you lack knowledge of the laws and requirements. In the following guide from JD Supra , intellectual property attorney Clifford Hyra explains the steps needed to acquire and maintain registration of a trademark.


Are you interested in registering your trademark or service mark? Want to know a little about how the process works? Here is an overview of the registration process, from the initial search and application through allowance, registration, and post-registration procedures.

Initial Steps

The first step towards registering your trademark is determining what the trademark consists of and gathering the information necessary for the application. Your trademark can consist of text, a design, or a combination of the two. If your mark includes a design element, you will need a high quality reproduction of the mark. You will also need to know the owner of the mark (typically the company selling the goods or services with which the trademark is used), including entity type and state of organization, if applicable, and the owner's mailing address.

You will also need a list of all the goods and services for which the mark is used or will be used. Goods and services are divided into different categories, or “classes.” Your trademark attorney can help you to determine which classes your goods or services fall under. A trademark can have a list of goods or services spanning multiple classes, but each class beyond the first adds substantial cost throughout the life of your trademark registration.

If the mark is already in use in interstate commerce (used on goods shipped across state lines or to advertise services), it is important that this list is accurate, as a misstatement could result in your trademark being invalidated. Your trademark attorney may be able to come up with a draft list based on materials supplied by you (such as a website), which you can then go over with your attorney and modify as necessary.

You will also need to know the first date that your trademark was used in commerce anywhere and the date it was first used in interstate commerce. If you cannot remember the exact date, you should determine the earliest one you are certain of. When you fill in your application, a date that is mistakenly too early could be considered fraud, but a date that is mistakenly too late can be rectified at a later date if it becomes necessary. You will also need one “specimen” for each class of goods or services for which your trademark has already been used. A specimen is a picture of your mark as used in commerce.

To show use on goods, the specimen may be a photograph showing the mark on the goods, or packaging or shipping materials for the goods, or a tag or label. For services only, the specimen may be an advert...

Click here to read the rest of this article from NuWire Investor