Can you spot a trademark when you see one? They’re all around you. A trademark can come in the form of a symbol, name, or even a phrase that consumers will associate with your products or brand. When I think of the perfect example, Nike immediately comes to mind. It hits the common trademark trifecta where its name, swoosh symbol, and phrase “Just do it” are easily recognizable to everyone.

While names, symbols, and phrases are the most common kinds of trademarks, other non-traditional categories exist and can include smell, color, or sound. Think of Play-Doh’s signature smell, Tiffany’s signature blue, or NBC’s chimes.

In this episode, I discuss many aspects of trademark law, including using a trademark without registering it, trademark rights available to you, and the benefits of trademark registration. I’ll also cover a number of questions I am frequently asked about trademarks. 

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In this episode:

[03:34] - What trademark rights do you have if you register with the U.S. Patent and Trademark Office versus if you don’t?

[04:54] - You can’t trademark just anything you want. Danielle discusses why.

[07:42] - What’s the difference between Principal and Supplemental Registers? Danielle reveals which types of trademarks are eligible for each.

[09:46] - Danielle talks about the research process for registering your trademark.

[10:48] - What happens after you’re done searching and want to file your application?

[11:48] - Danielle discusses the type of communication you might receive from the examining attorney assigned to your application.

[12:58] - When can you expect to receive your registration certificate? And what must be done to protect your new trademark?

[13:41] - If you have a trademark you’re not yet using, you can file your application in two ways.

[14:46] - Danielle reveals one more important thing about the trademark process: the fees.

[15:39] - Discover some of the common questions Danielle receives about trademarks.

[19:59] - Follow these three action steps for filing your trademark.

 

Links & Resources:

USPTO’s Trademark Electronic Search System

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