So, you want to get a trademark? Here is how it is done. If a trademark has already been claimed by someone else, it would be illegal for you to use it. When you are considering proposing a new trademark, consult an attorney first. You should have a search done to see if it is OK for you to use your proposed trademark. This will save you time and money. Imagine if you go ahead and get a trademark that is too similar to one that already exists. You either have to stop using it, and propose a new one, or go to court. This is not fun or necessary. Do a search first. If you find that your proposed trademark is too similar to one you found in the search, ditch it, and propose a new one. In the United States and other common law countries, your trademark rights will not go into effect until you have used your trademark. So, make sure you apply it to all of your internal and external business communications.