greckless said:
What is the name of your state? CA
I have a design for an device and would like to trademark it. Is there a trademark proceeding that covers every state? What is the best way to go about trademarking internationally?
thank you for your help.
Are you sure trademark is the best way to go? You can trademark a design only if the design is essentially your product's "logo," i.e., the design of the device also lets people know who built and sold the device. The color scheme of a Duracell battery is trademarked, because the black and copper color lets someone know that the battery is a Duracell battery. The shape of a VW Bug is trademarked because it is clear from the shape of the automobile that it is a VW. The shape of, say, a mouse is generally NOT trademarkable because the shape of the mouse usually doesn't tell you who made the mouse -- in other words, the shape doesn't provide any insight into the identity of the mouse.
If you design is indeed appropriate for trademark protection, you will want to register the trademark with the U.S. patent and trademark office,
www.uspto.gov, you can download and read the necessary forms and info from that site. That will give you the maximum protection in the U.S. You will also have to use the "design" in interstate commerce to obtain a trademark registration.
As far as international trademarks are concerned, this is more difficult, because trademarks are only "national" in scope -- in other words, you'll need a spearate trademark in each country in which you want to protect the mark. Each country has its own specific laws and regulation regarding trademarks, and what is trademarkable. You can, however, use an "international" application to apply for a trademark -- on the USPTO link above, read up on the "Madrid Protocols," that's where you'll find the necessary info on international trademark filing.
If you design is not trademarkable in the U.S., it may potentially be able to be protected by a "design patent" -- you can read up on design patents at the USPTO website as well.
