If someone else trademarks your product name first, they’ll own the exclusive right to use it nationally. You’ll likely have to rebrand. That’s why it’s important to protect your products with trademarks.

Here’s how to start the process to trademark your product name:

1. Select a strong, protectable name.
2. Check the availability of your product name as a trademark.
3. Collect your information and decide on a strategy for your Federal trademark application.
4. Prepare and file your new application (correctly).
5. Start using the right trademark symbol with your product name.

Select a strong, protectable name.

The key to getting a Federal trademark is to first select a name that’s a strong trademark.

Trademarks are not created equally. There are different kinds, and some are more effective and easier to protect than others.

The best trademarks are distinctive and memorable. They are strong because they excel at reflecting brands.

Some trademarks, however, are weak because they only describe aspects of products or services. Others are legally unprotectable, meaning anyone can use them.

1. Start by trying to include an invented word (Exxon^®). If that does not work, then …
2. Try to use a word that has no association with your products or services (Amazon^®). If that does not work, then …
3. Try words that allude to your products and services (Netflix^®).
4. Always try to avoid away from using only words that:

• • are generic for a product or service;
  • are often used in business or industry;
  • only describe characteristics and features; or
  • are already part of everyday speech.

If you don’t know whether your mark is arbitrary (strong) or descriptive (weaker), you may be better off consulting an experienced trademark attorney.  In any event, knowing the kinds of trademarks is very important. Otherwise, you could be wasting your time and money.

Check the availability with a trademark search for similar marks.

The next step is to determine if your product name has been trademarked by anyone else. This is because a lot of logos are already trademarked. So, you may want to run a trademark search of the Federal trademark database to find exact and close matches. It can also be useful to conduct Internet searches.

These searches aren’t as straightforward as inputting your product name and hitting search. Exact and similar trademarks used by other businesses are relevant to the Federal registration of your trademark. So, too, are misspellings, similar-sounding words and spellings, and foreign translations.

The objective here is to make sure that your product name is not similar or easily confused with someone else’s mark.

For all of these reasons, and others, it’s usually best to have an attorney run your trademark search.

Collect your information and decide on a strategy for your Federal trademark application.

Applying for a Federal trademark is more than just filling out online forms. That is the easiest part of the process.

The preparation of a new trademark application begins by making some tactical decisions about the protection for which you will want to apply.

When you apply for a Federal trademark, you start a Federal legal proceeding – and it can get complex in a hurry. The Federal trademarking process involves making dozens of legal decisions and judgment calls.  Plus, these decisions and judgment calls are interrelated, and some wrong choices can sink your application from the start – without you even knowing it.  So, the most successful applicants start the application process with a strategy.

For starters, you’ll need to decide:

• what is the best format for your mark – is a composite mark better than standard characters? Will you need a “drawing”?;
• which products/services you should include in your application and which ones should be excluded; and
• what is the correct filing basis for their application?

If you don’t understand the legal consequences of each of these options, you’re very likely going to get one or more of them wrong, which will impact your brand protection.

Also, every application must be filed in the name of the owner of the mark. The owner may be an individual, a corporation, a partnership, or an LLC, for example. The right choice depends on several factors. If you get this wrong, you’ll need to refile the application and start again.

Further, you’ll also be required to swear to the truth of specific statements about the choices in your application. If you get any of them wrong, your application may be unenforceable.

These are just some of the reasons why DIY applications are 50% less likely to succeed at the USPTO.

Prepare and file your trademark application with the United States Patent and Trademark Office (correctly).

Every application starts a Federal legal proceeding, involving countless U.S. Patent and Trademark Office rules and regulations. These rules and regulations impact EVERY aspect of a new Federal trademark application. And, you’ll be required to comply with them even if you don’t know or understand them.

Also, the application system uses trademark jargon and “terms of art,” which are words that have specific meanings only in the world of trademarks.

Here, it is important to understand that not all applications result in registrations. The USPTO severely limits the types of changes you can make to an application after it is filed. So, mistakes during submission can easily sink an application.

Read More: Why you should consider using an experienced trademark attorney.

Start using your mark and use it with the right trademark symbol.

Using a trademark symbol is an important signal to consumers (and the competition) that your logo represents your brand.

There are three trademark symbols. They are:

• the letters TM
• the letters SM, and
• the letter R in a circle — ®

The letters TM are a trademark symbol for unregistered trademarks (marks for products like shoes or computers).

The letters SM are a trademark symbol for unregistered service marks (marks for services such as legal services).

The ® is a trademark symbol for Federal trademarks (trademarks or service marks registered with the U.S. Patent and Trademark Office). The ® trademark symbol is reserved for Federal trademarks only – after you have a Federal trademark registration.

Read more: All about trademark symbols (in plain English)