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TIGSource ForumsDeveloperBusinessI just filed an application for TM registration!
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Craig Stern
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« on: April 11, 2009, 07:31:09 PM »

I just filed an application for federal trademark registration of the mark "Sinister Design" with the United States Patent and Trademark Office online. It wasn't as hard as I thought it would be, although having actually taken Trademark Law in law school probably made it a lot less confusing than it might have been otherwise. Anyway, in case my experiences prove useful to anybody, I thought I'd share. (By the way, if this belongs in Tutorials rather than Business, by all means, someone feel free to move it.)


Here is what I needed to apply for registration:

--I had to search the trademarks database TESS thoroughly to ensure that my mark was not already in use.

--I had to select the most appropriate Class of goods or services from a long list of available categories, (I eventually settled on "International Class 009: Video and computer game programs").

--a jpg with the combined logo and literal elements (text) of the Sinister Design trademark. The image had to be 2-color (black and white), since I wasn't claiming color as part of the trademark. The image also had to be between 300 and 350 dpi resolution, and somewhere between 200 pixels square and 949 pixels square.

--a short written description of what my trademark looks like. Here is what mine said: A partially illuminated face, consisting of the side of a nose, a brow ridge, one cheek, and a single inhuman eye; and the text SINISTER DESIGN below it. (NOTE: the description and the image were required only because there is a visual design element to my trademark--it isn't necessary to describe a mark that's just a name.)

--documentation, in jpg format, evidencing the use of my trademark in United States interstate/foreign commerce (in my case, it was just a couple of screen captures showing my company name and logo in a couple of my games on Newgrounds). (NOTE: Private use of a mark doesn't cut it--it has to be good faith use of the mark in connection with goods or services offered to the public.)

--the date when you first began to use the mark, and the date when you first began to use the mark in United States interstate/foreign commerce. (NOTE: in theory, you can apply for trademark registration without having first used the mark in commerce by filing an intent-to-use application, but this is a big hassle, and you can get in trouble if you don't have a genuine intent to use the mark in the near future! Much better to use the mark in commerce and have documentation of the fact ready to submit for when you file.)

--$275 USD.

I should hear back from the USPTO in about three months when they start examining my application. They should reject or approve the application within about 1-3 years. (How exciting!)


If you have a company name or design (logo) you want to protect against infringement in the United States, you can get started on your own application right here: http://www.uspto.gov/web/trademarks/workflow/start.htm  (God knows you could use the head start.) Please note that my application has not been accepted yet, so it's entirely possible that I fudged this up. Therefore, don't use my application as the standard for what a successful application looks like!

Why file for federal trademark registration in the first place, you ask? Technically, you can acquire rights in a mark simply by using it in United States interstate commerce, but there are a number of benefits to registering your mark with the USPTO. Among them: application for registration puts all others on notice that you have nationwide rights to use the mark, a registration provides prima facie evidence of the validity of your mark, and registration can eventually grant your mark incontestable status after a number of years (provided you follow up with Section 8 and Section 15 affidavits).
« Last Edit: April 12, 2009, 08:13:38 AM by Craig Stern » Logged

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« Reply #1 on: April 12, 2009, 12:00:07 AM »

1-3 years of waiting? i could even finish a game in the meantime  Screamy
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