How to Register a Trademark in New Hampshire (2023 Guide)

Introduction

Registering a trademark is a crucial step for any business looking to protect its brand identity. It ensures exclusive rights to the use of unique names, logos, designs, or phrases associated with your products or services. In this guide, we will outline the process and requirements for registering a trademark in New Hampshire in the year 2023.

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Step 1: Conduct a Trademark Search

Before proceeding with the registration process, it is important to conduct a comprehensive trademark search to ensure that your desired trademark does not infringe upon any existing trademarks in New Hampshire. The New Hampshire Secretary of State website provides access to the state's trademark database. It is recommended to hire a professional trademark attorney or conduct a thorough search yourself to avoid future legal complications.

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Step 2: Identify the Trademark Type

In New Hampshire, you can register two types of trademarks: "Standard Character" and "Special Form."

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- **Standard Character**: A standard character trademark protects word or letter marks, regardless of the font, size, or color used.

- **Special Form**: A special form trademark includes distinctive designs, logos, stylized wording, or a combination of elements beyond just plain text.

Identifying the type of trademark will help you fill out the appropriate application.

Step 3: Submitting the Application

In New Hampshire, trademark applications are filed through the New Hampshire Secretary of State's Office. You can choose to apply online or by mail. However, the online application is recommended due to its efficiency and quicker processing time.

Online Application:

- Visit the New Hampshire Secretary of State website and navigate to the "Trademarks" section.

- Complete the online trademark application form, providing accurate and detailed information about your trademark.

- Attach a digital copy of the trademark image, if applicable, and pay the required filing fee electronically.

- Review the application carefully before submission.

Mailed Application:

- Access the printable trademark application form from the New Hampshire Secretary of State website.

- Fill out the form manually, ensuring all required information is accurate and complete.

- Prepare a physical copy of the trademark image if required.

- Include the filing fee in the form of a check or money order payable to "State of New Hampshire."

- Mail the completed application form, trademark image, and payment to the New Hampshire Secretary of State's Office.

Step 4: Application Review and Examination

Once your application is submitted, it undergoes an examination by the New Hampshire Secretary of State's Office. During this process, they review your application for any errors, inconsistencies, or compliance issues. In some cases, they might request additional information or clarifications.

It typically takes around three to four weeks for the initial review to be completed. If your application meets the requirements, it moves forward to the Publication Phase.

Step 5: Publication and Opposition Period

New Hampshire requires the publication of the approved trademark application in the New Hampshire Bar News, a weekly publication for lawyers and legal professionals. The purpose of the publication is to invite potential opposition to the registration of your trademark.

The trademark is published once a week for three consecutive weeks. If there are no objections raised by third parties during this period, your trademark moves on to the next phase.

Step 6: Trademark Registration Certificate

Assuming no objections are made during the opposition period, your trademark will proceed towards final registration. You will receive a registration certificate from the New Hampshire Secretary of State, confirming the successful registration of your trademark.

The certificate provides you with legal proof of ownership and establishes your exclusive rights to the trademark in the state.

Conclusion

Registering a trademark in New Hampshire is a significant step in safeguarding your business's brand identity. By following the outlined steps, conducting thorough research, and properly submitting your trademark application, you can protect your intellectual property and ensure future success. Remember, it is always beneficial to consult with a trademark attorney to guide you through the registration process and maximize your trademark protection.

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