TRADEMARK SERVICES

A trademark is a single word, combination of words, slogans, logos, sounds, and smells adopted by companies and associated with their products and services that help consumers identify their products and services from the products and services offered by other companies. Unlike patents, trademarks are automatically assumed once a business uses a certain mark to identify its company, and may use the symbol TM without filing their symbol or name with the government. Unfortunately, the trademark is only protected in the specific market area where the goods or services are sold. To protect the trademark outside the specific market area, the company must obtain a federal trademark.

Like the patent process, the federal trademark process requires the submission of one orf two types of federal trademark application – an Actual Use federal trademark application or an Intent to Use federal trademark application.  With both applications information about the applicant, mark, a description of the goods and services associated with the mark, a drawing sheet, and a filing fee.  When Actual Use federal trademark applications a date of first use in interstate commerce must be provided along with a specimen.    Like the patent process, the federal trademark process is “first to file system.”  It is also, however, a ; first to use system’.  When a federal trademark application is submitted to the USPTO, it is assigned to an trademark attorney and undergoes an examination process.  During examination, time-sensitive responses are sent out and critical time periods are established for filing certain papers and submitting fees. The process is complex, time consuming, and unforgiving if errors are made.

A Trademark is Much More:

Large companies, like Google, Apple, Microsoft, spend 6 to 8 times more on marketing than on product develop. Understanding, how trademarks and branding fit together is important. Commercialization of a product or service involves the acts of developing, manufacturing, distributing and selling of goods and services in the U.S. to make money. Branding, trademarks and advertising pertain to the acts of distribution and selling goods and services.

Branding is the concept of indelibly impressing a company’s reputation or goodwill to a user to create loyalty in the user so they continue to buy the goods and services. Branding typically involves evoking emotions in the user that become associated with company. Every time the company is identified by the user, a positive emotion is evoked in the user (recall classic condition experiments known as Pavlov’s dog experiment). Because the condition response is acquired by repeated exposures to the stimuli, companies develop one or two consist branding elements (trademarks is a branding element) and repeatedly use the branding elements in a manner so users come in contact with it (called Redundancy).

Two types of ‘branding’ activities – ‘affinity branding’ (When you see a trademark symbol used with a goods and service you associate the trademark to the good or service); and ‘dispositional branding’. An example of dispositional branding is when you ask someone what is their favorite car rental company, what car rental company to they recall? Usually, they recall a specific situation or environment in which they had a positive car rental experience or recall the name of the company associated with the positive experience.

Companies use two methods to ‘brand’ – indirect (ads, signs, etc, less effective) and experience branding (what was the user’s experience when they used your goods or service, most effective).
Trademarks are branding elements, such as words, symbols, phrases, colors, etc) that companies adopt that are easy to remember or recall or that generator a novel aspect or key benefit the company want to associate with the goods or products.

Every brand element has visual, verbal, and auditory aspects. . When these aspects work together, marketing messages are well-received and consumers are motivated to action. When those elements don’t work together, marketing messages fall flat and advertising expenditures fail to deliver an adequate return on investment.
Visual branding refers to the images (including video images) that represent the brand. These images could be part of the brand identity, such as the logo, or they can be part of advertisements, the brand website, and so on. Any visual cue associated with the brand is a form of visual branding.

The verbal aspect of a brand element refers to the words and messages you want associated with the product or service. The words themselves are often part of the trademark.
Auditory aspects of a brand element refer to the sounds associated with a product or service. Those sounds can be sounds that automatically come to mind when the product or service is encountered, or they could be played in television or radio commercials, speeches, live events, recorded interviews, and so on.

When choosing a trademark, it is important that remember that trademarks are part of branding. First, determine what is your brand or branding message. Second, choose a trademark that best communicates and conveys this branding message (visually audibly, and vocally) to your customers and is easy to remember or recall. Next, conduct a federal and common law trademark search to see if the proposed mark is available. Next, file a federal trademark application as soon as possible. Use the mark in interstate commerce correctly.

Federal vs State Trademarks:

If you only want to use the trademark locally then file a state trademark application. If plan to use the trademark in areas outside the state, then you should file a federal trademark application ASAP.    When you register a federal trademark, it is presumed to be used nationwide even if you only use the trademark in a small region in the U.S.  If someone started using your trademark after your trademark was registered, you can request the court enter a preliminary injunction against them.  If they start using your trademark before you register the trademark, it is more difficult to stop them. Therefore, file early.   

Recruiting Help from Others:

Record your federal trademark with the U.S. Customs and Border Protection. If you sell on Amazon, registered your federal trademark with Amazon Brand Register. 

Be Aware of Unscrupulous Venders:

Your federal trademark registration is available to the public.  This means that unscrupulous companies can troll the trademark records and send out letters and invoices that appear to be from the USPTO.   These are scams.    Very few communications are sent out from the USPTO regarding  a federal trademark registration.  When they are sent, they are sent directly to your attorney.  Ignore communications from unscrupulous vendors. 

If you have any questions, please contact us at (425) 637-3035 or info@nwpatents.com

Dean A. Craine, P.S. 9 Lake Bellevue Drive, Ste. 208, Bellevue, WA 98005

Office Telephone: (425) 637-3037