The Process of Filing a Trademark in Colorado

The process of filing a trademark in Colorado involves several critical steps that ensure your brand is protected under state and federal law. Understanding these steps is crucial for businesses and individuals looking to secure their intellectual property.

1. Conduct a Trademark Search
Before officially filing your trademark application, it's important to conduct a thorough search to ensure that your desired trademark is not already in use. You can perform a preliminary search through the United States Patent and Trademark Office (USPTO) database, as well as the Colorado Secretary of State’s website. This helps prevent potential legal disputes in the future.

2. Determine the Basis for Filing
There are two primary bases for filing a trademark: “use in commerce” and “intent to use.” If you are already using the trademark in commerce, you can file under “use in commerce.” If you plan to use it in the future, you should file under “intent to use.” The basis for filing will affect your application and the time it takes to obtain your trademark.

3. Complete the Application
Once you have conducted your search and determined your basis for filing, you can complete the trademark application. In Colorado, applications can be filed online through the Colorado Secretary of State’s website. You'll need to provide detailed information about your trademark, including its description, the goods or services it represents, and the name of the applicant.

4. Pay the Filing Fee
Filing a trademark application in Colorado requires a filing fee, which varies based on the number of classes of goods or services you are registering. Be sure to check the latest fee schedule on the Secretary of State’s website to ensure you submit the correct amount.

5. Review by the Secretary of State
After submitting your application and fee, the Colorado Secretary of State’s office will review your application for completeness and compliance with state requirements. This process typically takes a few weeks. If any issues arise, you may be contacted to make necessary corrections.

6. Publication and Opposition Period
If your application is approved, it will be published in the Colorado Trademark Registry. This initiates an opposition period during which third parties can contest your trademark. If no oppositions are filed within the designated time frame, your trademark will proceed to registration.

7. Maintain Your Trademark
Once your trademark is registered, you must actively maintain it by filing renewal applications and keeping your information current. In Colorado, trademarks must be renewed every five years. Failing to maintain your trademark can result in losing your exclusive rights.

Filing a trademark in Colorado is a vital step for protecting your brand. Following these steps ensures that you understand the process and can navigate it effectively, safeguarding your intellectual property for the future. For those unfamiliar with legal processes, consulting a trademark attorney can provide additional guidance and support.