Once you have decided on a particular brand name, it is strongly recommended that you do a “Trademark Search .” You can do your own simple search by going to the USPTO website. This will give you an overall view of whether there is the same name in the market or something very similar. If you find a similar brand name, a deep search will be necessary and should be done by a patent attorney. It is best to find a unique term, which will give you a better chance to be accepted. The “Trademark Search” will only show officially registered brand names with ® and not those with a ™. With its long experience in the industry, Exacto knows many ™ brand names used. Therefore, we can help our customers look beyond the publicly trademarked names and prevent infringements. A trademark lawyer can confirm that the chosen brand name is available.
When you are assured you have a trademarkable name, you can go to the USPTO website and use the “Trademark Application System” (TEAS). It will lead you to the forms and information you need to complete the application.
After your application is submitted, USPTO will examine your applications for any issues or missed information. Once your application is accepted, a public notice goes out for public comment. Comments or objections to your brand name will be examined, and you will be notified if there are any issues. If all is well, your brand name will be registered. There are fees for applying as well as maintenance fees every five to ten years to maintain your trademark.
Make sure you pay your maintenance fees. If not, your trademark will lapse and be abandoned, losing any protection.