To start your application, you need to gather some information.
First, who is the applicant? The trademark may be owned by a company or person, such as a founder. Typically a founder or individual will license the trademark rights back to the company. The application will require some basic information such as: name, address, phone number, citizenship or state of incorporation, and may also include some optional information like: e-mail address, website and facsimile number.
Second, what is my mark? A typical logo may include 2 or 3 variations of a trademark, which may be registered separately. The most basic mark is a word mark. It includes the text only and does not claim any additional features, such as the font, design, color, etc. A word mark protects any form in which the mark appears. The APPLE trademark (word mark) is registered, in one example, in the U.S. as Reg. No. 1,078,312 in class 9. If Apple Inc. decided to use the mark in a different font or color, this registration would still protect "COMPUTERS AND COMPUTER PROGRAMS RECORDED ON PAPER AND TAPE."
A logo, if used with text, should be filed as it appears. If you use the logo above the text, for instance, and that is how it is filed, the mark must always appear that same way to be covered by the registration. If the logo floats depending on the treatment, it would be better to file the logo independent from the text.
Thus, there are different variations of the trademark being used; the text by itself, the logo by itself, and the combination of the text and logo. Depending on your use and marks being used by other companies, a brand strategy should be developed to seek proper protection.
Third, what are the goods or services associated with the mark? A trademark registration symbol "(R)" must only be used in connection with the goods or services listed in the registration. While an application in the U.S. may only be filed for the goods and services currently used or having a bona fide intention to use the mark with them, a registration protects those listed goods and services as well as any others that may fall under the "likelihood of confusion" umbrella.
The definition of goods are services are the most difficult part of an application. If they are improperly defined or indefinite, a trademark examiner will reject them. To help determine how to define your goods and services, a list of standard, generally accepted, definitions are found at the following link: Trademark ID Manual.
Finally, the date of first use in commerce and sample of the mark being used is required at the time of filing or (if filing an intent-to-use application) at the time of filing a Statement of Use. It is wise to continually collect this information to prove your date of first use or continued use.
Sciurid is set up to gather and organize this information for you. Call us today for a free quote on how we can assist your company organize your product library.