Wow, this is a BIG question. I don't think it can be adequately answered within the context of an email forum. All I can offer is a few bits of information to get you pointed in the right direction. I would strongly recommend that you retain an attorney to assist you with this process.
A trademark (or a servicemark for products that are services only) is a word, name, symbol or device used by someone to identify his or her goods and distinguish them from others. Selecting and using a trademark can entail substantial expense. Before adopting one, we recommend that you perform a "trademark search" to determine if a similar mark is being used anywhere in the country. Searches typically are between $500 and $1,500 depending on the breadth and depth of the search.
Generally in order to obtain federal registration of a trademark, the mark must first be used in commerce. Use of the mark must be substantially continuous if rights in the mark are to be preserved, even after registration is obtained. You can "reserve" a trademark with the good faith intention to use it in commerce in the future but actual registration of the mark will require actual use.
The appliation process involves filing with the U.S. Patent and Trademark Office, payment of a fee, providing specimens of the mark as it is actually used and various requirement statements outlining when the mark was first used and the types of goods and services on which the mark is used. Once the appliation is filed, it is examined by Trademark Office personnel to determine if any other trademark is federally registered for similar goods and services which may be "confusingly similar" to the mark in the application. If it passes this stage, it is published in a government magazine for the public to "oppose" the registration. If there is no opposition, the mark will be registered.
Answered on May 26th, 2015 at 11:23 AM