USPTO TRADEMARK APPLICATION

A Federal Trademark Registration protects your brand by preventing others from exploiting the goodwill and reputation that you built.

WHAT PROTECTION DOES A U.S. FEDERAL TRADEMARK REGISTRATION PROVIDE?

SUMMARY
THE BREADTH OF TRADEMARKS
You can register a Trademark on many things associated with your company and its products or services, including:

Names, logos, slogans
Aesthetic designs, colors, and packaging
Sounds, scents
THE EXCLUSIVITY EFFECT
Once registered, you have exclusive use of your mark in your field. You can then stop others from using the same or similar mark in your market.
THE PROSPECTIVE VALUE
A Trademark Registration can become a very valuable asset as its reputation and recognition grows.
WHAT YOU NEED TO KNOW
INTERSTATE COMMERCE MANDATE
You must use the mark in interstate commerce (sell your goods or services in more than one state) to obtain and keep a Federal Trademark registration. E-commerce qualifies.
AN ‘INTENT TO USE’ APPLICATION
If you are not using the mark but you intend to, you can file an ‘Intent to Use’ application. Once allowed, you have up to three years to show use (but extensions must be filed every six months).
THE LIMITS TO TRADEMARK REGISTRATION
You cannot register a mark that is generic, merely descriptive of your goods or services, or one that is deemed to be confusingly similar to another registered mark.

ALSO SEE

TRADEMARK SEARCH

INTL. TRADEMARK

FREQUENTLY ASKED QUESTIONS

At its core, a Trademark is an Identifier of Source. It answers the basic questions of: 1) Who made this? 2) Who produced this product? 3) Who provided this service? 4) Who is RESPONSIBLE for a specific product or service?

The length of the process can vary. Once filed, an application is typically assigned to an Examining Attorney within approximately 3 months. If no conflicts are found and if no third-party protests or opposes the registration, then it is feasible for a registration to be issued 4-6 months after that. Therefore, at a minimum, the registration process will require 7-9 months, but it can require much more time (possibly years) if the Examining Attorney issues a refusal or if a third-party files an opposition to the application.

Yes. To obtain a Federal Trademark registration, you must show that you are ‘Using’ your mark. For Trademark purposes, the term ‘Use’ means ‘Use in Interstate Commerce’. Put simply, you must be offering your goods or services for sale in more than one U.S. state. If you are unsure about whether or not you are ‘Using’ your mark in Interstate Commerce, it is best to consult with a Trademark Attorney.

 

If you are not currently using your mark, it is possible to file an ‘Intent to Use’ application. The application would then be examined by an Examining Attorney for conflicts, but not for the mark’s use. After the Trademark is ‘allowed’, you must then file an ‘Allegation of Use’ within 6 months, demonstrating that you are using the mark. Once the Examining Attorney reviews and accepts the Allegation of Use, he or she will issue the final registration.

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