Registering a Trademark
A trademark is defined by Webster as: A device (as a word or mark) that points distinctly to the origin or ownership of merchandise to which it is applied and that is legally reserved for the exclusive use of the owner.
The Pennsylvania Department of State website defines a trademark as: Any word, name, symbol or device adopted and used by a person or entity to identify goods produced, manufactured or sold by that person or entity.
Do you have a trademark identifying your business? Have you worked hard to establish a solid reputation that is signified by this trademark? Do you want to protect your trademark from being used by someone else? If you answered ‘yes’ to these questions, then you should register your trademark with the Pennsylvania Secretary of State.
When filling out the Application for Registration of Trademark or Service Mark, you must provide the following information:
- A trademark name that is available for use in Pennsylvania.
- The name of the applicant, and the jurisdiction if the applicant is a corporation.
- The residence, location or place of business of the applicant. A Commercial Registered Office Provider’s may not be used in lieu of an address.
- A statement as to the name and description of the mark. A facsimile of the mark to be registered must accompany the application.
- A specification as to the general class of goods or services. These classification are set forth in 54 Pa. C.S. Section 1103.
- A listing of the goods or services with which the mark is used and the mode and manner in which the mark is used in connection with such goods and services.
- The date when the mark was first used anywhere.
- The date applicant or the predecessor in title of the applicant first used the mark in Pennsylvania.
The applicant must also sign the application.
Trademarks are effective for five years from registration and application for renewal must be made within six months prior to expiration.
If you need help registering a trademark, or any other matter related to managing your business, the attorneys at the Scolieri-Beam Law Group, P.C. can help. Located in western Pennsylvania, our attorneys are experienced in Pennsylvania business law and can take care of the details for you, including the formation of a legal business entity if needed. Contact us today at (412)765-0546 or info@scolierilaw.com.