Registering a trade mark in the United States requires the submission and approval of a trade mark application by the United States Patent and Trademark Office. A trade mark application consists of questions about the trade mark owner, classification of the proposed trade mark, and sworn statements regarding the use or proposed use of the trade mark.
Specimens of use must also be submitted at the time of application, or a later date depending on the filing basis claimed in the application. A specimen of use is evidence that proves the trade mark is currently being used in commerce (actual use in commerce is a requirement for trade mark registration).
Overview of the Trade Mark Registration Process
The first step of the trade mark registration process in conducting a clearance search. This will help to determine if the trade mark is available for registration and identify any potential conflicting trade marks. Consulting with a trade mark attorney can be very valuable during this process because we’re experienced in performed advanced searches and interpreting the search results in way that can impact your application (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 then the application can be drafted and submitted to the USPTO. The application will be assigned to an examining attorney at the USPTO and they will generally review the application about 4 months after it’s submitted. If there are no issues with the application, then it may 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 may issue an office action refusal.
How Can We Help?
We’re really good at registering trade marks and we can save you time and money. How do we do this? We avoid commonly issued refusals and we 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 and then 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 our assistance registering your trade mark!