Trademark Registration
Just this week, I began working with an artist to obtain a company logo. While doing this, I wanted to make sure that I wouldn’t have any issues down the road with getting the company name, logo, and division all registered trademarks. Noting that these are things you would get trademarked, which is different than a copyright. Here is a quick overview of the differences between a Trademark, Copyrights and Patents:
- Trademarks: Are words, names, symbols, sounds, or colors that distinguish a good or service from others. These typically include Business Names, Logos, and Slogans.
- Copyrights: Are typically artistic, dramatic, musical, or literary works often used for books, songs, videos, software, or in my case, a Tabletop game and possibly some of the artwork associated to it (at least that’s my understanding).
- Patents:Are typically for inventions, but could also include unique chemical compositions and industrial processes. This MAY be applicable if I were to patent a unique game mechanic within the game, but not likely applicable for much else in the realm of tabletop games.
In my case, for a logo, I need a trademark. Here is the process I found, and I’ll also note now, I’m NOT a legal expert so don’t take anything I say here as fact. I also found several sites that recommend you hire an attorney that specializes in Trademarks, but since I am self-funded right now I’m going to try going it on my own.
Getting a registered trademark appears to fall under two major steps
1) Ensure you’re not copying someone else (aka Search TESS)
2) Registering what you believe to be your unique trademark. You can do that here: https://www.uspto.gov
For this first step, I initially thought it would be easy. You can go to the Trademark Electronic Search System or (TESS) and search for the name, tagline, slogan you’re looking to register as a trademark. Here is a link to TESS: http://TESs2.uspto.gov/Names are easy enough to search, but when I asked about images they noted that you have to know the “Design Search Codes”. Here is some background on design search codes: https://www.uspto.gov/trademarks-application-process/searching-trademarks/design-search-codes. This is the full listing (manual) of design search codes: http://tess2.uspto.gov/tmdb/dscm/index.htm. The representative from the agency recommended checking out these videos to learn more, and watching all of them, they really do explain a lot: https://www.uspto.gov/trademark/trademark-videos.
The representative on the phone did emphasize that the trademark registration focuses on the same industry, so while there is another expired registered trademark for “Primogen” which sold rubber gloves a few years ago, it shouldn’t be a problem since it’s a different industry and would likely not create any confusion among customers. I would hope not – haha!
A few other interesting facts were:
- I can register with a standard application for $400 or a TRF application for $275. The TRF application just means you have to give them an email address and you can’t use anything other than online tools to register and submit info. I’ll go the cheaper route!
- A single registration includes the Logo and the Business Name. I don’t have to register each separately. I asked about Primogen Games as well as Primogen and it was recommended to check a setting called “DBA/AKA”. DBA referring to “Does Business As”. There, he said I could enter Primogen Games. Otherwise I’d have to file a totally different Trademark application. (Maybe I’ll do this later if I end up getting different Primogen Games and Primogen LLC logos).
- It was recommended to register just the image as a single back / white registered design (no text) that way you have the broadest coverage for use with and without text, and with and without color (at least that’s how I understood it).
- The paperwork is VERY important. They made a lot of key points on ensuring you have the right name (company name, not your personal name), and proper distinction between goods vs. services and specifics on the goods you sell. This will be tricky since I have a lot of future plans for products, but for now it seems recommended to keep it limited to things I’ll sell very soon like this year or next. Later, I can submit revisions to add more.
- You can get a registered trademark for a company not yet selling goods, but you will have to file paperwork later once you start selling products. This is what I’ll have to do, as I’ll likely be in the design phase for some time. For future use registering in the US, I need “Section 1b”, whatever that means.
Well, my logo sketches look great and now I just have to pick one considering not only what looks the best for the game, but also thinking about all the future potential uses and one that best ensures it will pass the trademark registration process. Decision time… fun stuff!