Trademarks & Brands

In 16th century England two types of brands were commonly seen on the docks and in the marketplace — the first were seared on the shoulders and other body parts of convicted felons, and the second were commercial marks burned onto barrels and crates containing liquors and other goods. By the 19th century, a brand had come to refer to “a particular sort or class of goods, as indicated by the trademarks on them,” and a periodical from 1864 praised “the most renowned dealers whose brand passes muster.” This is branding in the contemporary sense — an identifier that tells you in a phrase or image everything you need to know about a product or service. Who made it? Of what quality is it? Is it the one for me? And in the online marketplace, where surfers scan web pages with practiced ease, branding can have tremendous value.

Congress recognized the importance of trademarks when it enacted the Lanham Trademark Act now codified at 15 U.S.C. §§ 1051-1157, and available to you for online viewing via the Legal Links. Sections 1051-1092 lay out the procedure for registering trademarks with the United States Patent & Trademark Office (“USPTO”). Section 1051 describes the procedure for registering a mark on the principal trademark register, and Section 1052 establishes the requirements that an applicant must satisfy in order to obtain registration on the principal register. Section 1057 allows you to acquire a certificate of trademark registration, which provides proof of ownership in the event of dispute, and provides “prima facie evidence of the registrant's ownership of the mark, and of the registrant's exclusive right to use the registered mark in commerce....”

That's enough legalese for the moment. You're about ready to go the USPTO website online trademark application system. The site itself is very informative, if a little cluttered in terms of layout. I wouldn't suggest plunging right in and trying to register a trademark without more preparation and planning. But looking at the website will help you to break the ice, because you'll see that the system really can be used by lay people who are reasonably Internet-savvy. Use the FAQs below to give you a handle on the trademark application process. And schedule a consultation to plan out the details of your application.

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