Trademarks are the symbols, catch phrases, colors, or designs that represent a company or product. Having a trademark is helpful. It is the design or phrase that will make the business stand out in a crowd.

Originally, trademark was the term used for the marks that were designated for a specific product. Now trademark covers just about anything that is unique to a business: the business logo, the uniforms worn by the staff, the style of service, for example. Names of a business, however, are not included under the trademark. One way to make the business name unique is to include the entire name in the business’s trademarked logo.

Many brand-name products or businesses will have a tiny “R” within a circle next to the name or logo. That means the product has been registered with the U.S. Patent and Trademark Office. If the trademark is not registered, a TM is used instead. Each state has its own trademark rules and regulations, as well, that need to be followed.

Does the Business Need to Register the Trademark?

It is not necessary for a business to register a trademark, but it does make sense to do so. Federal registration of a trademark means that the owner has legal retribution should the trademark be used improperly or illegally. Unlike copyright, developing the design or phrase does not protect ownership. Registering the trademark protects it from being copied by other companies.

How to Register a Trademark

The U.S. Patent and Trademark Office provides a registration application form. Although the form does not have to be used, it is recommended to make sure no important information is forgotten. The registration application should also include the appropriate fee. The fee is $325 if the application is filed electronically using the Trademark Electronic Application System, and $375 if the registration is filed on paper. Also, to be included is a drawing of the trademark and specimens of the mark. A specimen is an example of how the mark will be used in real-world applications. The actual specimen, not a copy, is preferred. For example, if this will be the logo for a new magazine, the front cover of the magazine should be sent.