Columbus, OH asked in Intellectual Property for Ohio

Q: I have a software company; how do I file a trademark for my brand?

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2 Lawyer Answers
Andrew H Stevens
Andrew H Stevens
Answered
  • Columbus, OH
  • Licensed in Ohio

A: You can file trademarks at two levels - the state level and the federal level.

The federal level generally provides the stronger trademark, and you file with the U.S. Patent and Trademark Office.

Given that you're software, you'll probably want to file in international class 009 (apps), class 035 (business services), or class 042 (tech-related services). Which class you file in will really depend on the services or products your business provides.

Also, spend some with your goods and services description. This can be critical to the scope of your trademark, both in terms of applying and if you ever have infringement issues in the future.

Jason Brooks
Jason Brooks
Answered

A: To add to the previous response below, your federal registration application can be filed with the USPTO online at: https://www.uspto.gov/trademark

It's not necessary that you have an attorney file your application for you, but it's always a good idea to consult an attorney because the application process can be tricky and there's limitations to the kinds of changes you can make to an application once it's been filed. If you need assistance, feel free to email me at: jason@altviewlawgroup.com

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