Our last post provided a solid recap of trademark law and provided links to various blog posts we’ve written over the last year with respect to trademark law.
This week, we want to do another roundup. This time though we will focus on trademark applications and how to get your mark protected by the United States Patent and Trademark Office!
First, you should always perform a trademark search.
In order to obtain a federal trademark registration you have to certify that you have the right to the mark for which you seek protection. The USPTO will also search its database to see if there are any conflicting marks.
To help, it is always a good idea to perform a trademark search. You can read more about that in this post, How to Perform a Trademark Search, and lean why an attorney can is helpful with searches in this post, The Benefits of Using an Attorney to Conduct a Trademark Search.
Second, sometimes you need a trademark attorney, sometimes you don’t.
Once your search is complete and you are ready to apply, you have a lot of options.
Many times you need an attorney, but other times you don’t. We covered that in our post Do I Need an Attorney to Trademark My Business Name.
If you want to talk with an attorney, we also have tips on How to Find & Hire a Trademark Attorney.
Third, how to file a trademark application.
Now you are ready to file your application.
If you are going it alone, you should check out this post, How to File a Trademark Application Without an Attorney.
You should read that post even if you are using an attorney because it will help you understand the process.
In the process, you’ll have to submit a specimen of use. This provides the USPTO with evidence that you are actually using the mark in commerce. You can learn more about this in our post How to Find a Good Trademark Specimen.
Fourth, what to do if your mark is denied.
Lastly, remember that many applications are denied. You might be denied for failure to submit a good specimen, or perhaps you checked a wrong box. Other common reasons include the descriptive nature of your mark and also possible confusion with other existing registrations.
Regardless, you should read our post What You Should Do if Your Trademark Application is Denied to learn about what to do next.
As we said in our last post, we are excited to continue covering trademark law and offering innovative trademarking services online. If you want to seek trademark protection for your mark, please check out our website, MightyMarks.com to learn more!
*This article is very general in nature and does not constitute legal advice. Readers with legal questions should consult with an attorney prior to making any legal decisions.