Whenever you think about a product or service, the name, logo or slogan behind it is the real money‑maker. That unique mark is called a trademark, and protecting it stops someone else from stealing your reputation. In everyday language, a trademark is simply the sign that tells the world, “This is yours.”
Most countries offer free online databases where you can look up existing marks. For example, the California Secretary of State hosts a searchable trademark portal. Just type the word, phrase or design you have in mind, hit enter, and the system pulls up any matches, filing dates and status updates. It’s a fast way to see whether your idea is already taken.
Start with a broad keyword related to your brand. If you’re selling organic tea, try “organic tea,” “green tea,” or even “herbal brew.” Look at the results and note any that look similar to your concept. Pay attention to the “class” of goods or services listed – trademarks are grouped, so a mark used for clothing might not clash with one for food.
Next, check the filing date. A recent filing could still be pending, while an older one might have been abandoned. Most databases let you filter by status, so you can focus on active marks. If you see a close match, click for the detailed view – you’ll see the owner’s name, registration number and sometimes a PDF of the actual logo.
Finally, write down the numbers of any marks that could conflict. Having this list ready saves time when you talk to a trademark attorney or when you fill out the application yourself.
Once you’re sure your brand is unique, head to the official trademark office website for your country (for India it’s the IP India portal, for the US it’s the USPTO). Create an account – it’s free and takes a few minutes.
Fill out the application form. You’ll need to describe the mark (word, logo, sound), list the goods or services it will cover, and upload a clear image if it’s a logo. Be honest about the classes you select; over‑claiming can delay approval.
Pay the filing fee. Fees vary by country and the number of classes you choose, but most online portals calculate it for you before you submit.
After submission, the office will review your application. They might issue an office action if something looks off – don’t panic, it’s just a request for clarification. Respond within the given deadline and your mark moves closer to registration.
When the trademark is granted, you’ll get a certificate and a registration number. Keep that number safe; you’ll need it for future renewals and for proving ownership if someone challenges your mark.
Renewal is usually required every 5‑10 years, depending on the jurisdiction. Mark the date on your calendar and file the renewal before it expires – otherwise you risk losing the protection you just earned.
Quick tip: always do a fresh database search before renewal. A newer, similar mark could cause a conflict, and catching it early lets you adjust your brand before legal trouble hits.
In a recent blog post, I explored the question of whether or not it's possible to use 'Inc' with a trademark. It turns out that while 'Inc' is typically associated with a corporation, it can be used with a trademark if the company is incorporated. However, it's important to make sure that the use of 'Inc' accurately reflects the company's legal status, as misrepresentations can lead to legal issues. Additionally, it's always a good idea to consult with a trademark attorney to ensure proper usage and protection of your trademark. Overall, using 'Inc' with a trademark is possible, but it's crucial to proceed with caution and seek legal guidance.
Trademarking a common word can be possible but it is a challenging process. It requires the applicant to demonstrate that the common word or phrase has acquired a distinctive meaning associated with a particular product or service. To do this, the applicant must show that the public associates the common word or phrase with the applicant's goods or services and not with any other goods or services. The applicant must also show that the common word or phrase is not used by other traders to describe their goods or services. Finally, the applicant must show that the public recognizes the common word or phrase as a trademark. Trademarking a common word is possible but it requires a great deal of evidence.