- Date 10 Mar 2017
- Category Trademarks
If you are wanting to build a brand for yourself, you need to explore your trademark options!
Do you have a word, phrase, or logo that you want the public to associate with your business? A trademark can establish rights in your brand as it pertains to interstate commerce.
Let us advise you on the best steps to take in order to ensure your brand is protected. We can make sure your trademark filings are done correctly and will work throughout the entire registration process to ensure that you get the protection you and your business needs!
REGISTER A TRADEMARK TO PROTECT YOUR BRAND OF PRODUCTS OR SERVICES!!
We always perform a free trademark search for you prior to filing
A trademark is a brand name which includes any words, symbol, or design used alone or in combination to identify and distinguish goods/services of a seller and to indicate the source of the goods/services.
It is extremely important that you choose a mark which is capable of obtaining federal registration and being legally protectable. Obtaining a registered trademark provides the registrant with a legal presumption of ownership nationwide, and exclusive right to use the mark in connection with the goods or services listed in the registration!
Before you start, it is important to have three things in mind
- The word or design mark you want to register
- The goods and services used in conjuction with the mark
- Dates that you started using the mark in commerce
If you have not started using the mark, that’s ok! We can help you file a 1(b) intent to use application which demonstrates your bona fide intention to use the mark in commerce.
THE EXAMINATION PROCESS
The trademark application typically takes about one year to process when based on a 1(a) application. The examiner will first search the existing trademark database to see if there are any outstanding marks which would pose a 2(d) basis for rejection. This means that the examiner thinks there is another mark that is confusingly similar to your mark. Other reasons for initial rejection are if the mark is merely descriptive or merely a surname.
When you file a 1(a) application, you submit a statement of use at the outset. If you file a 1(b) application, there is no statement of use (SOU) filed, but you must file one after you are using the mark in commerce. EVERY 1(a) or 1(b) trademark application must file a statement of use before you receive a registered trademark. SOU’s are sometimes not required if filing in the US claiming priority to a foreign trademark application.
We are experienced attorneys with demonstrated ability to overcome these types of rejections. We also can help streamline the process in the beginning to avoid these types of rejections down the line.
Once the mark is approved by the examiner, the mark is published in the official gazette for 30 days. This allows a period of time for other trademark owners to file a notice of opposition if they feel their mark would be harmed by your registration.
The process can be confusing, but please do not hesitate to call us with any questions as we would love to help you with the trademark application. We have filed and prosecuted many trademarks. Take advantage of working with a registered patent and trademark attorney today!