1. Make sure no one else in your line of business has trademarked the name you’re considering. Once you have a list of favorites, you need to make sure no one else has trademarked any of them. There are several resources you can use to see if the name is already in use.
The U.S. Patent and Trademark Office maintains a Public Search Facility at its office in Alexandria, Virginia as well as branch Patent and Trademark Depository Libraries. The most convenient way to search is through its free online Trademark Electronic Search System database. [2] You can then enter the registration or a serial number of any mark you find into the Trademark Applications and Retrieval Database to find out whether the trademark is currently registered or has lapsed.
Some states maintain their own trademark registries, usually through the secretary of state’s office. Other states maintain databases of fictitious names and corporate names used by businesses, either at the state level or county by county. Consult with your county clerk’s office to find out how your state maintains its databases.
The Thomas Register lists business names and registered trade and service marks, as well as unregistered marks. It’s available online or you can consult a printed copy at your local library.[3]
2. Prepare the necessary materials. It’s more than just a name you’ll be registering–it’s your whole concept and model for your business. You’ll need to provide a clear representation of what you want to register.[4] If you want to have a word, slogan, design, or combination of these things trademarked, you’ll have to be able to provide a “basis” for filing, which is essentially an argument for why a trademark is necessary for your business.
A trademark and a servicemark are distinguished in terms of providing a product (trademark) or a service (servicemark).
3. File a trademark for your business. Fill out the application on-line, pay the necessary fees, and keep track of your application.[5] You might consult with a trademark lawyer over the course of the process to make sure you’re not missing anything.