How to Register a Trademark in Ohio (2024 Guide)

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Register a Trademark in Ohio

If you want to start an LLC in Ohio, trademarks are necessary when it comes to forming it. A trademark is a symbol, word, phrase, logo, or design that identifies and distinguishes the source of goods or services of one party from those of others. Registering a trademark is essential in protecting your brand and ensuring that your LLC stands out in the marketplace. This article will provide a step-by-step guide on Registering a Trademark in Ohio and discuss the importance of trademark protection for your business.

Webinarcare Editorial Team will help you register your trademark. You must be guided by all the factors gathered in this article.

How to Register a Trademark in Ohio

What is a Trademark?

A trademark is a distinctive symbol, logo, word, phrase, or design that identifies and distinguishes the source of goods or services of one business entity, such as a Limited Liability Company (LLC), from those of others. This vital business asset represents the reputation, quality, and brand value of a company in the competitive marketplace. Registering a trademark at the state level grants the owner exclusive rights to use the mark within the state’s jurisdiction and offers legal protection against infringement.

An example of a trademark is the iconic “Nike Swoosh” logo, which is a recognizable symbol representing the Nike Inc. brand. The swoosh, created in 1971 by graphic designer Carolyn Davidson, has since become synonymous with athletic footwear, apparel, and equipment sold by the company globally. Over time, the logo has acquired significant brand recognition and value. As a trademark, the Nike Swoosh legally protects the company from competitors attempting to use similar designs, ensuring the uniqueness and authenticity of Nike products in the market.

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It is better to understand how trademark works. However, it is still suggested that you speak with a legal professional before you begin registering your trademark after starting an LLC in Ohio.

– WEBINARCARE EDITORIAL TEAM

Steps on How to Register a Trademark in Ohio

Registering a trademark is important in protecting your brand identity and preventing others from using it without your permission. Here are the steps to follow when registering a trademark:

Step 1: Conduct a Trademark Search

Before you invest time and resources in registering a trademark, ensuring that your desired mark is unique and does not infringe on existing trademarks is essential when starting a business in Ohio.

Your trademark should be distinctive and distinct from other trademarks in the market. It should not be generic or merely descriptive of the goods or services it represents—the more unique your trademark, the stronger its protection will offer. The USPTO maintains a database of registered trademarks and pending trademark applications called the Trademark Electronic Search System (TESS). Conduct a thorough search of TESS to determine if any existing trademarks could conflict with your desired mark.

In addition to the USPTO database, checking your state’s trademark database is essential. Visit the Ohio Trademark Search to access Ohio trademark database and search for potential conflicts.

Step 2: Choose the Appropriate Trademark Class

Trademarks are categorized into different classes based on the type of goods or services they represent. The United States and most other countries use the Nice Classification system, which divides trademarks into 45 classes.

nice classification

Registering your trademark requires identifying the class or classes that best represent your product or service. Remember that if your business, offers multiple goods or services spanning different classes, you may need to register your trademark in each relevant class.

Step 3: Prepare and File a Trademark Application

Once you have conducted a thorough trademark search and identified the appropriate class or classes for your trademark, you can proceed with the trademark application process in Ohio.

Gather Required Information and Documentation

Prepare the necessary information and documentation for your Ohio trademark application, including:

  • A clear representation of your trademark (e.g., a drawing, logo, or stylized text)
  • A detailed description of the goods or services your trademark represents
  • The date of first use of the trademark in commerce (if applicable)
  • Poof of use of the trademark in commerce (if applicable), such as product packaging, labels, or marketing materials

File a Trademark Application with the USPTO

To register your trademark at the federal level in Ohio, you must submit a trademark application to the USPTO. The application can be filed online using the Trademark Electronic Application System (TEAS), which offers three different application forms with varying requirements.

uspto

Choose the form that best suits your needs and complete the required information, including:

  • A description of your trademark and the goods or services it represents
  • A clear image or drawing of your trademark, if applicable
  • The appropriate filing fee

For federal registration with the USPTO, the fees depend on the application form and the number of classes you are registering your trademark. Once your application is submitted, the USPTO will review it and may request additional information or clarification. Respond promptly to any requests to avoid delays in the registration process.

File Ohio Trademark Application

To register your trademark at the state level, you must file a separate application with the Ohio Secretary of State. In Ohio, the state trademark application fee costs around $25. 

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Step 4: Respond to Office Actions and Opposition

During the trademark registration process, you may encounter challenges in the form of office actions or opposition.

Office Actions

An office action is a formal communication from the USPTO or Ohio trademark examiner requesting additional information, clarification, or changes to your trademark application. If you receive an office action, you must respond within the specified time frame (usually six months for USPTO office actions) to avoid abandoning your application. Consider consulting a trademark attorney or agent to help you respond effectively to office actions.

Oppositions

After your trademark application is approved by the USPTO or Ohio trademark examiner, it will be published in the Official Gazette or a similar publication for a period of public opposition. During this time, third parties may file an opposition against your trademark application if they believe it conflicts with their existing trademark rights. If an opposition is filed, you may need to defend your trademark before the Trademark Trial and Appeal Board (TTAB) or a similar state-level body. It’s advisable to seek legal representation if you face trademark opposition.

Step 5: Finalize the Trademark Registration

Suppose your trademark application passes the opposition period without any challenges. In that case, you will receive a Notice of Allowance (for intent-to-use applications) or a registration certificate (for use-based applications) from the USPTO or Ohio trademark office.

Statement of Use or Declaration of Use

If you filed an intent-to-use trademark application, you must submit a Statement of Use to the USPTO within six months of receiving the Notice of Allowance. This demonstrates that you are now using your trademark in commerce. You can request extensions of up to five additional six-month periods if you need more time to commence use.

Use the Trademark Electronic Application System (TEAS) SOU form to file an SOU.

Additional Fees

Additional fees may be associated with finalizing your trademark registration, such as submitting a Statement of Use or requesting extensions of time. Review the USPTO or Ohio trademark office fee schedule and submit any required payments.

Step 6: Maintain and Renew Your Trademark

Once you have successfully registered your trademark, it’s crucial to maintain and renew your registration to ensure ongoing protection. Trademark registrations must be maintained by submitting periodic maintenance documents and fees to the USPTO or Ohio trademark office. For federal registrations, the first maintenance filing is due between the fifth and sixth year after registration, followed by a second filing between the ninth and tenth year. Subsequent renewals are required every ten years.

Consider seeking professional assistance from Ohio Business Attorney if you have queries. Be mindful of the deadlines for maintaining and renewing your trademark registration. Please submit the required documents and fees on time to avoid the cancellation of your registration.

The Importance of Trademark Registration

Registering a trademark in Ohio offers several benefits for your business:

  • Legal Protection: A registered trademark grants exclusive rights to use the mark for the goods or services specified in the registration. This can help prevent others from using a similar mark that might confuse consumers.
  • Brand Recognition: Registering a trademark can help establish your brand identity and make it easier for customers to recognize and associate with your goods or services.
  • Deterrence: Registering your trademark can deter potential infringers, signaling your intent to protect intellectual property rights.
  • Right to Sue: Registering a trademark gives you the legal standing to bring a lawsuit against infringers in federal or state court.
  • Nationwide Protection: In the United States, registering a trademark with the United States Patent and Trademark Office (USPTO) provides nationwide protection. Depending on your business needs, you may also register your trademark at the state level.

How Long Does It Take to Register a Trademark?

Depending on the potential issues that may arise, the trademark registration process typically takes between 6 and 12 months. Although some applications are approved in much less time, it is best to expect a longer wait; the USPTO receives hundreds of thousands of trademark applications each year, which increases processing time. In addition, the trademark office may request additional documentation or communication. As a result, applicants should be prepared to provide all requested information as soon as possible to expedite the registration process.

FAQs

What is Ohio trademark registration?
Ohio trademark registration refers to registering a trademark for goods or services in the state of Ohio.
Who can apply for Ohio trademark registration?
Any individual or business entity can apply for Ohio trademark registration.
How long does it take to register a trademark in Ohio?
It takes approximately 7-9 months to register a trademark in Ohio.
How much does it cost to register a trademark in Ohio?
The filing fee to register a trademark in Ohio is $50 per class of goods and services.
Does Ohio allow online trademark registration?
Yes, Ohio allows online trademark registration.
What is the difference between an Ohio state trademark and a federal trademark?
An Ohio state trademark provides protection of a trademark within the state of Ohio, while a federal trademark provides nationwide protection.
Do I need a lawyer to register my trademark in Ohio?
No, you do not need a lawyer to register your trademark in Ohio. However, it is recommended to work with an experienced attorney.
Can I register my trademark on my own without any professional help?
Yes, you can register your trademark on your own without any professional help.
What are the benefits of Ohio trademark registration?
The benefits of Ohio trademark registration include legal protection against infringement, protection of brand name and goodwill, increased credibility and memorability, authorization to use the ® symbol, and ability to sue infringers in federal court.
How long is an Ohio trademark registration valid for?
An Ohio trademark registration is valid for five years from the date of registration, and can be renewed indefinitely by paying a renewal fee every five years.
Can my product or service be registered simultaneously on both the state and federal level in Ohio?
Yes, your product or service can be registered simultaneously on both the state and federal level in Ohio.
Can I register an Ohio trademark for a product that doesn’t yet exist?
No, an Ohio trademark can only be registered for goods or services that are currently being sold or offered for sale.
Can I register a trademark in Ohio for my company name?
Yes, you can register your company name as a trademark in Ohio as long as it meets the requirements for being a protectable mark.
What is the process for Ohio trademark registration?
The process for Ohio trademark registration starts with searching the database of existing trademarks, preparing and filing the application, responding to any refusals or objections, and finally obtaining registration.
What are the different types of Ohio trademarks?
There are three types of Ohio trademarks
Can I transfer my Ohio trademark registration to someone else?
Yes, an Ohio trademark registration can be transferred to another person or entity.
What can I do if someone is using my trademark without permission in Ohio?
You can take legal action against the infringing party in Ohio state court, or file a lawsuit in federal court if your trademark is registered nationally.
What if my Ohio trademark application is refused or objected to for certain reasons?
You may file a response to the objections or refusals and address any issues raised by the USPTO.
How old does my Ohio business have to be to apply for an Ohio trademark registration?
There is no minimum age requirement for businesses to apply for an Ohio trademark registration.
Do I have to live in Ohio to apply for an Ohio trademark registration?
No, you do not have to live in Ohio to apply for an Ohio trademark registration.
What language should my trademark be in for Ohio trademark registration?
Your trademark can be in any language, as long as it meets the requirements of a protectable mark in Ohio.
Can I register a trademark for a product with a generic name in Ohio?
No, you cannot register a trademark for a product with a generic name in Ohio.
Can two Ohio businesses have similar or identical names?
Yes, two Ohio businesses can have similar or identical names as long as they are in different industries.
Can I use my Ohio trademark in other states?
Yes, you can use your Ohio trademark in other states, but the registration will only provide legal protection within Ohio.
Can I trademark a slogan or a tagline in Ohio?
Yes, you can trademark a slogan or tagline in Ohio as long as it meets the requirements of a protectable mark.
Are Ohio trademark registrations enforceable in federal court?
No, Ohio trademark registrations are enforceable only in Ohio state court.
How long does it take for my Ohio trademark registration to become effective?
It becomes effective as soon as the registration is completed and approved.
Is a trademark an asset of my business?
Yes, a trademark is an asset of your business and increases the value of your organization.
Where can I get more information or help on Ohio trademark registration?
You can visit the Ohio Secretary of State website or hire an experienced trademark attorney to guide you through the registration process.
What is a trademark?
A trademark is a unique symbol, design, word, phrase, or combination of these used to identify and distinguish goods or services from those of others.
How do I search for existing Ohio trademarks?
You can search for existing Ohio trademarks online using the Ohio Secretary of State’s trademark database.
Do I need to have a business in Ohio to register a trademark in Ohio?
No, you do not need to have a business based in Ohio to register a trademark in Ohio.
How do I apply for a trademark in Ohio?
You can apply for a trademark in Ohio by submitting a trademark application to the Ohio Secretary of State.
How much does it cost to apply for a trademark in Ohio?
The Ohio Secretary of State charges a $50 fee to submit a trademark application.
Can I file my trademark application online?
Yes, you can file a trademark application online through the Ohio Secretary of State’s website.
What types of trademarks are protected in Ohio?
Ohio protects registered trademarks and unregistered common law trademarks.
Can I reserve the rights to a trademark before I register it in Ohio?
No, Ohio does not allow for the preliminary reservation of trademark rights.
How long does an Ohio trademark last?
Ohio trademarks are valid for 5 years. After the 5 years, you must renew your trademark with the Ohio Secretary of State.
Can I use the ™ symbol if I have not registered my trademark in Ohio?
Yes, you can use the ™ symbol to indicate that you have a common law trademark in Ohio.
Can I use the ® symbol if I have not registered my trademark in Ohio?
No, you can only use the ® symbol if you have a registered trademark in Ohio.
What if my trademark is already being used by someone else in Ohio?
If your trademark is already being used by someone else in Ohio, you may not be able to register it. Talk to an attorney to find out your next steps.
What is a trademark search report?
A trademark search report will show if there are other, similar trademarks in use in Ohio that could prevent your trademark from being registered.
Do I need to hire an attorney to register my trademark in Ohio?
No, you do not need to hire an attorney to register your trademark in Ohio, but it is recommended to ensure that your registration is done properly.
What is the difference between a trademark and a service mark in Ohio?
A trademark is used for goods, while a service mark is used for services.
If I register my trademark in Ohio, does that give me protection in other states?
No, a trademark registration in Ohio only gives you protection in Ohio. You must separately register your trademark in other states if you want protection.
Can I register more than one trademark at a time in Ohio?
Yes, you can register multiple trademarks at the same time in Ohio as long as you pay the appropriate fees.
How do I renew my Ohio trademark registration?
You can renew your Ohio trademark registration by filing a renewal application with the Ohio Secretary of State before your registration expires.
Can I transfer ownership of my Ohio trademark?
Yes, you can transfer ownership of your Ohio trademark by filing a trademark assignment with the Ohio Secretary of State.
What if I want to cancel my Ohio trademark registration?
You can cancel your Ohio trademark registration by submitting a trademark cancellation form to the Ohio Secretary of State.
What happens if I don’t use my trademark in Ohio?
If you don’t use your trademark in Ohio for 3 consecutive years, it may become vulnerable to cancellation.
Can I register a foreign trademark in Ohio?
No, you cannot register a foreign trademark in Ohio. You must apply to the US Patent and Trademark Office instead.
What is priority filing for Ohio trademarks?
Priority filing means that the first person to file a trademark application in Ohio will generally have priority over later applicants.
Can I correct errors on my Ohio trademark application after submitting it?
Yes, you can correct errors on your Ohio trademark application as long as you do so within a certain timeframe.
How do I protect my Ohio trademark from infringement?
To protect your Ohio trademark from infringement, you may need to engage in legal action against those who violate your trademark rights.
What is trade dress, and is it protected in Ohio?
Trade dress refers to the overall look and appearance of a product or service, and it is protected under Ohio trademark law.
What is the difference between a trademark and a copyright in Ohio?
A trademark is a symbol used to identify and distinguish goods or services, while a copyright protects artistic and creative works, such as music, literature, and art.
Can I appeal a decision by the Ohio Secretary of State regarding my trademark registration?
Yes, you can appeal a decision made by the Ohio Secretary of State regarding your trademark registration.

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Conclusion

Registering a trademark in Ohio is critical in protecting your brand and establishing a strong market presence. Even a Statutory Agent should be familiar with the guidelines for making a trademark for your Ohio business. Following this guide and staying informed about trademark laws and regulations, you can successfully navigate the registration process and secure your intellectual property rights. With your trademark registration, you can focus on growing your business and building a reputable brand.

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