Registering a trade mark in the United States requires the approval of a trade mark application by the United States Patent and Trademark Office. Getting their approval is no easy task. The application process usually takes about a year and many things can happen along the way.
The first step is conducting a clearance search. This helps to determine if the trade mark is available for registration and to identify any potential conflicting trade marks. Consulting with a trade mark attorney can be valuable here because we’re experienced in performing high level searches and interpreting the search results in way that can impact how your application is filed. (contrary to popular belief, simply typing a trade mark in into the USPTO website is not a sufficient search).
If the trade mark clearance search is successful, the next step is to draft and submit an application to the USPTO. After about 4 months, the application will be assigned to an examining attorney at the USPTO and they will review the application. If there are no issues with the application, it will be approved and continue through the remainder of the examination process. If a trade mark conflict exists or there are other problems with the application, the USPTO will issue an office action refusal.
Office actions come in many forms. Some are serious, others are not too much to worry about. At any rate, these requests, refusals, formalities are time sensitive and must be remedied before the application will be allowed to register.
How Can We Help?
Did you notice that we know a lot about trademarks? Yes, we’re a good addition to any team whose looking to file a trademark application. We avoid commonly issued refusals and expedite the trade mark registration process by ensuring that all filing deadlines are met. We complete a clearance search for each trade mark to minimize potential conflicts. We use our skills and experience to draft your application in such a way to maximize your chances of success.
Once your application is submitted it goes onto our docket and we will monitor the application until the USPTO reviews it. If the USPTO detects any issues with your application they are directed to our law firm, and not to you. Our representation includes all routine correspondence with the USPTO and timely responses are very important to preserve the application. Contact us if you would like to discuss how we can help get you registered!