How to Trademark Stickers | Bizfluent

How to Trademark Stickers

Written By
Louis Kroeck
Louis Kroeck
Dec 29, 2012
2 minute read

Stickers may either be trademarked as slogans or as logos as long as the slogan or logo on the sticker serves to identify a particular good or service. Stickers that contain original designs that do not identify goods or services are better protected as pictorial works through copyright registration. Trademarks are meant to designate the origin of goods or services in order to promote good will in the market place. If your particular sticker does not serve as an identifier of a good or service you should not attempt trademark registration.

Perform a background search with the United States Patent and Trademark Office's, or USPTO's, Trademark Electronic Search System in order to see if your sticker is already registered. In order to be eligible for registration your proposed trademark must not already be in use.

Perform a background search for your proposed trademark in state trademark databases, in logo listings, in sticker collections and on the Internet. Trademarks do not need to be registered with the USPTO in order to obtain protection. As a result, you will need to search a variety of other sources in order to ensure that your sticker is not already in use. Due to the complexity involved in a background search you should consider hiring an attorney to perform the search if you do not have experience.

Complete a trademark application on the USPTO's website by providing the USPTO with your name and address, the slogan or logo appearing on your sticker, the classification of goods or services your sticker identifies and the date your sticker was first used in commerce.

Provide the USPTO with an example of your sticker being used in commerce. Common examples include your sticker affixed to the good it identifies or your sticker being used to advertise a service.

Submit your application to the USPTO along with the requisite filing fee. As of 2012, the filing fee for an online trademark application is $275.

Tip

After you have completed trademark registration and obtained a certificate of registration, you will need to constantly monitor the use of your trademark in order to protect your rights.

Warning

Do not attempt to trademark a slogan or logo that is already in use. Attempting to trademark a mark that is already in use can lead to legal liability.

Louis Kroeck

Louis Kroeck started writing professionally under the direction of Andrew Samtoy from the "Cleveland Sandwich Board" in 2006. Kroeck is an attorney out of Pittsburgh, Pennsylvania specializing in civil litigation, intellectual property law…

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