So you’ve started a blog and are wondering if you should trademark your blog’s title.
According to the United States Patent and Trademark Office (USPTO), a trademark is a brand name and includes any word, name, symbol, device, or any combination thereof that is intended to identify the goods or services of a seller. Like the © symbol, the registered trademark symbol ® is familiar to us all, as is the TM. But that’s where the similarities end.
Applying for trademark registration is more far more costly (approximately 10X more) and complex than registering your copyright. In addition, certain criteria must be met.
Attorney Tonya Marie Evans says “Anyone who claims rights in a mark may use the superscript TM or SM (service mark) designation with the mark to alert the public to the claim.” It isn’t necessary to register or have a pending application to use the TM or SM. So while there is nothing stopping you from using the marks, “your claim may or may not be valid.”
Use of the ® is illegal until registration has been granted by the USPTO. Before you apply, you’ll want to complete a search (for a fee) to determine whether or not your brand is already trademarked. (I told you it was complex and costly.)
For a brief foray into the complexity of trademarks, see the USPTO guidelines page: http://www.uspto.gov/trademarks/basics/index.jsp
For the fees involved, visit here: http://www.uspto.gov/web/offices/ac/qs/ope/fee031913.htm#tm Paper filing $375, electronic $325. The USPTO encourages electronic filing.
Recommended reading: Literary Law Guide for Authors: Copyright, Trademark, and Contracts in Plain Language by Tonya Marie Evans.
Now is not the time to apply, but now is the time to think about your brand. Next week’s Tuesday Tip will take a look at developing brand strategy.
Debra L. Butterfield © 2013