Getting a Trademark in North Dakota
Getting a Trademark in North Dakota
A trademark is a type of intellectual property consisting of a recognizable phrase, symbol, design, or combination of these things which identifies the goods or services of the trademark holder.
The predominant benefit of owning a trademark is ensuring that the trademark holder will hold exclusive rights to a phrase, symbol, design, or a combination of those things to use concurrent with the advertisement or sale of the goods or services sold by the trademark holder. It will allow for legal recourse in the event that another business attempts to replicate a phrase, symbol or design used to brand an item sold by the trademark holder.
Though trademarks sound complex and difficult, the process for getting a state trademark in North Dakota is relatively simple. The first step in the process is to ask yourself – do I have a unique concept? Is it already in use by anyone else, or is there anything substantially similar to it in use?
If a concept is already in use, or something similar is in use, it may be difficult to trademark it. An applicant for a trademark must be able to show that their phrase, symbol, design, or combination is unique to them and does not already exist on the marketplace.
Once the applicant is certain that their concept is unique and does not already exist in the marketplace, they are free to move forward with the application portion of the trademark. The application process includes providing the Secretary of State with a sample and description of the phrase, symbol, design, or combination that the applicant is attempting to trademark, as well as the classification of the goods or services that the trademark will be in concurrent use with.
Following the successful submission of an application, the applicant must wait for the Secretary of State’s office to review the application. From there, an acceptance or a rejection will be sent to the applicant or their attorney.
Getting a trademark may feel overwhelming or confusing. Here at the Boppre Law Firm, we are happy to assist you with the process as much or as little as you need. Feel free to give us a call to set up your trademark consultation today!