Complete Trademark Guide

How to Protect Your Trademark in 5 steps

Trademark protection can look different for everyone, but there are several steps to consider when building a strong brand.

1. Create a Strong Mark

Trademark protection begins when you select your mark. Stronger trademarks contain a bit of whimsy and don’t directly speak to the goods or services at hand. The less descriptive your trademark is, the stronger its inherent rights will be.

Your mark must also be unique within its industry. Before building your brand, make sure your trademark stands out by doing a thorough search in places like:

• Domain registries
• The USPTO
• State trademark registrations
• Business name registries
• Social media

2. Put it to Use

A trademark must be in use to be protected. It you thought of an awesome business name but haven’t actually created that business or sold anything, you don’t have a trademark. You have an idea. Trademark rights belong to the party who first used the mark. So put it to use!

3. Register with the USPTO

Registering your trademark with the United States Patent and Trademark Office is not necessary for protection. A trademark has inherent protections once it’s in use. However, federal trademark registration comes with numerous benefits, including:

• Exclusive use of the mark nationally
• Easy-to-find proof of your trademark’s existence
• Ability to sue for infringement in federal court
• Use of the registered symbol ®

4. Monitor for Infringement

It’s up to you to protect your trademark from infringement and misuse. If infringement goes unchecked, it can weaken your trademark’s rights over time.

To respond, you might start by simply asking the other party to stop using the mark. If that doesn’t work (and you have a federal trademark registration), you might send a cease and desist letter. And if the misuse occurs on a third-party platform, you may be able to tap their processes to address the issue.

5. Maintain Renewal Paperwork

To maintain federal trademark registration, you need to file renewal paperwork with the USPTO. Your first filing is due by year 6 post-registration, your next filing by year 10, and then every 10 years thereafter. If you continue using your trademark and maintain your renewals, your trademark can keep its registration forever.