How to Register a Trademark in Wisconsin (2024 Guide)

If you want to start an LLC in Wisconsin, 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 Wisconsin 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 Wisconsin

On this page, you’ll learn about the following:

What is a Trademark?
Steps on How to Register a Trademark in Wisconsin
The Importance of Trademark Registration
How Long Does It Take to Register a Trademark?
FAQs

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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LLC Service	Rating & Price	Top Features	Learn More
#1 Recommendation	5/5 $599 + Federal Fee	Trademark Search Trademark Registration Trademark monitoring	Learn More
	4/5 $239.99/year	Single Subscription Trademark Registration Attorney service for Trademark	Learn More

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 Wisconsin.
– WEBINARCARE EDITORIAL TEAM

Steps on How to Register a Trademark in Wisconsin

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 Wisconsin.

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 Wisconsin Trademark Search to access Wisconsin 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.

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 Wisconsin.

Gather Required Information and Documentation

Prepare the necessary information and documentation for your Wisconsin 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 Wisconsin, 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.

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 Wisconsin Trademark Application

To register your trademark at the state level, you must file a separate application with the Wisconsin Secretary of State. In Wisconsin, the state trademark application fee costs around $15.

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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 Wisconsin 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 Wisconsin 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 Wisconsin 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 Wisconsin 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 Wisconsin 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 Wisconsin 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 Wisconsin 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 the process to trademark a name or logo in Wisconsin?

To trademark a name or logo in Wisconsin, you would need to file with the Wisconsin Department of Financial Institutions.

How long does the registration process for a trademark take in Wisconsin?

The process for registering a trademark in Wisconsin typically takes around 6 months.

What is the cost of registering a trademark in Wisconsin?

The cost to register a trademark in Wisconsin is $15 for an online application.

What is the benefit of registering a trademark in only Wisconsin if it is not nationally protected?

Registering your trademark in Wisconsin provides protection only within the state, so if you conduct business only within the state, that may be all the protection you require.

Who is eligible to register a trademark in Wisconsin?

Anyone who has used a name or logo in connection with goods or services offered in Wisconsin can register a trademark with the Department of Financial Institutions.

What are some reasons my application for a trademark registration might be denied in Wisconsin?

Your application for a trademark registration in Wisconsin may be denied if there is confusion with an existing trademark, or if the name or logo is considered too generic.

Can I search the database of existing trademarks in Wisconsin before filing my application?

Yes, you can check the Wisconsin trademark database to confirm that a name or logo you want to register is not already in use.

Once I register a trademark in Wisconsin, how do I keep it active?

You’ll need to renew your trademark with Wisconsin’s Department of Financial Institutions every five years to keep it active and protected.

Can I transfer my trademark ownership to someone else in Wisconsin?

Yes, a trademark ownership can be assigned or transferred to another person or entity in Wisconsin.

What penalties can a business incur in Wisconsin for infringing on a registered trademark?

An infringing business may be liable for any profits it receives from using the trademark as well as any damages suffered by the entity who owns that trademark.

Can one entity have multiple trademarks registered in Wisconsin?

Yes, corporate entities can have multiple trademarks.

What’s the difference between a trademark and a service mark in Wisconsin?

There is no legal difference between a trademark and a service mark – it simply indicates whether the protecting entity has provided goods or services.

Can minors register a trademark in Wisconsin?

Although there is no legal age limit for registering a trademark, minors must be represented by an adult guardian or attorney.

What’s the standard for rejecting a trademark application in Wisconsin?

In Wisconsin, a trademark will be rejected if it mirrors an existing one or if it is considered “disparaging, megalomaniacal, immoral, deceptive, or scandalous.”

Are there any consequences for not registering your trademark in Wisconsin?

There are no immediate consequences, but if others begin using your mark without permission, it could be difficult to prove your rights to the name or logo.

Can I change my existing trademark registration in Wisconsin?

You cannot alter your registered trademark in Wisconsin without filing a new application for a new trademark.

Can I trademark a slogan or phrase in Wisconsin?

To trademark a slogan or phrase in Wisconsin, the phrase must be distinctive and not simply a description of the business.

Does a trademark in Wisconsin ever expire?

A Wisconsin trademark must be periodically renewed in order to remain active.

Can I register my logo in grayscale or black-and-white in Wisconsin?

Yes, in Wisconsin, your logo may be trademarked in whichever colors you wish.

Do I need to have all pending patents before registering a trademark in Wisconsin?

No, they are entirely separate processes.

Can I register both the name and logo of my business in Wisconsin?

Yes, name and logo registrations are distinct and must be filed separately but can be jointly registered.

If I use three different names in my business can I file a trademark for each of them separately?

Yes, you can file for a trademark for each name.

Can another business use my trademarks in situations aside from direct competition in Wisconsin?

Another business cannot use your trademark if used in a way that could merge in their business.

How full and accurate does my declaration of use have to be to help me get my trademark approved in Wisconsin?

Document explaining that you are using the trademark on the goods and services you’ve progressed while setting up your mind to resolve use of potential trademark conflicts will help in all contexts.

Can a trademark in Wisconsin be objected on the basis of morality among Illinois residents?

Protests expressed to a potential trademark reservation on the grounds of its offensiveness might be considered by the Trademark Administrator during the deposit scheme.

Can I receive international protection of my trademarks with existing state protection in Wisconsin?

State trademark filings legally present entirely inside the home state so separate registration requirements need to be accomplished overseas.

Why should I register a trademark in Wisconsin?

Registering a trademark in Wisconsin provides legal protection for your brand and prevents others from using it without your permission.

How do I search for existing trademarks in Wisconsin?

You can search for existing trademarks in Wisconsin by using the search tool on the Wisconsin Department of Financial Institutions website.

Can I trademark a business name in Wisconsin?

Yes, you can trademark a business name in Wisconsin as long as it satisfies the legal requirements.

How much does it cost to trademark a name in Wisconsin?

The cost to trademark a name in Wisconsin varies depending on various factors. It is best to consult with an attorney or trademark specialist for a more accurate estimate.

Is it necessary to hire an attorney to file a trademark application in Wisconsin?

It is not necessary to hire an attorney to file a trademark application in Wisconsin, but it’s highly recommended to consult one for the best legal advice.

How long does the trademark registration process in Wisconsin take?

The trademark registration process in Wisconsin typically takes around six months to a year.

Can I apply for a trademark in Wisconsin while my business is still in its planning stages?

Yes, it is possible to apply for a trademark in Wisconsin while your business is still in its planning stages.

Once my trademark is registered in Wisconsin, do I have protection across the entire U.S.?

Registering a trademark in Wisconsin provides protection only within the state of Wisconsin and not across the entire U.S.

How long is my trademark valid once registered in Wisconsin?

Once your trademark is registered in Wisconsin, it is valid for 10 years.

How do I renew my trademark registration in Wisconsin?

You can renew your trademark registration in Wisconsin on the Wisconsin Department of Financial Institutions website.

What happens if someone infringes my registered trademark in Wisconsin?

If someone infringes your registered trademark in Wisconsin, you can take legal action to protect your rights and potentially recover damages caused by the infringement.

Can I sue someone for using my trademark without permission in Wisconsin?

Yes, you can sue someone for using your trademark without permission in Wisconsin.

Is there a statute of limitations on bringing legal action against an infringer of my trademark in Wisconsin?

Yes, the statute of limitations on bringing legal action against an infringer of a trademark in Wisconsin is three years from the time you became aware of the infringement.

Can I get a refund if my trademark application in Wisconsin is denied?

No, you cannot get a refund if your trademark application in Wisconsin is denied.

Do I need to provide evidence of actual use of my trademark when filing for registration in Wisconsin?

No, you do not need to provide evidence of actual use of your trademark when filing for registration in Wisconsin.

Can the use of my trademark be licensed to others in Wisconsin?

Yes, you can legally license the use of your trademark to others in Wisconsin.

What is the difference between a registered trademark and an unregistered trademark in Wisconsin?

A registered trademark is legally protected by the State of Wisconsin, whereas an unregistered trademark is not.

Can I register a trademark that contains a swear word in Wisconsin?

Yes, you can trademark a word or phrase that contains a swear word in Wisconsin as long as it meets legal requirements for trademark registration.

Can I register a multilingual trademark in Wisconsin?

Yes, you can register a multilingual trademark in Wisconsin; however, the application will require additional information and resources.

Can I register a trademark for a service instead of a product in Wisconsin?

Yes, you can trademark for a service instead of a product in Wisconsin.

How does trademark protection differ from patent protection in Wisconsin?

Trademark protection provides exclusivity over a symbol, name, or logo, whereas patent protection provides exclusive rights over a particular invention or process.

Can I trademark a hashtag in Wisconsin?

Yes, you can trademark a hashtag in Wisconsin as long as it meets legal requirements.

Can I register a sound or scent as a trademark in Wisconsin?

Yes, you can register a sound or scent as a trademark in Wisconsin under certain conditions.

Can I trademark a logo which includes a celebrity or public figure in Wisconsin?

Trademarking a logo including a celebrity or public figure in Wisconsin might pose a risk of infringing on a celebrity’s public persona rights.

Does registering a business name automatically register the trademark in Wisconsin areas?

No, registering a business name doesn’t automatically register the trademark in Wisconsin.

Can I register multiple trademarks for one product/service in Wisconsin?

You can register multiple trademarks for one product/service in Wisconsin – one application per trademark.

Is a foreign national allowed to apply/trademark a mark in Wisconsin?

Yes, a foreign national is allowed to apply and trademark a mark in Wisconsin.

What is deemed acceptable as a trademark statement of use in Wisconsin?

In Wisconsin, a legal statement within the United States to define usage can be considered acceptable.

Conclusion

Registering a trademark in Wisconsin is critical in protecting your brand and establishing a strong market presence. Even a Registered Agent should be familiar with the guidelines for making a trademark for your Wisconsin 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.