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CtR Intellectual Property Co.

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trademark application

Why Hire An Attorney For Your Initial U.S. Trademark Application?

Filing a trademark application isn’t for the faint-hearted, so to speak, because of the time, energy and effort involved in understanding the trademark law, meeting the requirements of the United States Patent and Trademark Office (USPTO), and dealing with the subsequent actions (e.g., issuance of Office Action). For this reason, you should seriously consider hiring an attorney to take care of these matters in your behalf.

 

What can an experienced lawyer, particularly one with extensive experience in trademark laws, do for you?

 

Provide Appropriate Legal Advice

Of course, you can file the application on your own and request the USPTO examining attorney to provide tips that will expedite your application. But the USPTO attorney cannot provide legal advice even if he wants to because otherwise it will be a conflict of interest.

 

The trademark attorney, in contrast, will provide legal advice regarding your application and its related issues. You can get answers to questions like, “Is the mark protectable by the trademark laws? Are the class of products and/or services that the marks apply to identifiable? Are you able to take appropriate action when the USPTO refuses to register the mark?”

 

Think of your attorney as your main man in ensuring that your mark becomes registered and protected from infringement by others.

 

Conduct Searches on the Database

Again, you can search the state and federal databases for similar trademarks as the mark you’re seeking registration for. But it’s such a time-consuming process that you likely won’t have the time and energy for, perhaps not even the patience. Besides, you will likely have other business matters to attend to.

 

With an attorney on board, you can delegate the task to the professional. Your attorney will search the USPTO database of registered trademarks at the federal level, as well as other databases including the state registration database and the common law unregistered trademarks database. The comprehensive search is a must because even non-registered trademarks similar to your mark and used for selling products and/or services related to yours may well prevent you from registering, using and profiting from your mark, no matter if you think it was your original idea.

 

Protect Your Trademark Rights

Your attorney can also provide information that will deepen your understanding of your rights and responsibilities as a trademark owner. You will also be provided with relevant advice about the best ways to monitor and enforce your rights and responsibilities, especially in terms of others infringing on your mark. You should also remember that you may also be charged of infringing on other people’s trademarks and your attorney can provide legal assistance on this matter.

 

The crucial role of your attorney doesn’t stop with the initial application. You can also rely on him or her for meeting the registration maintenance documents, which should be filed on a regular basis. You can then maintain ownership over your mark, a must if you want to continue profiting from it.

 

 

For details of the trademark registration application, please contact us for free consulation.

 

CtR Intellectual Property Co.

Hong Kong Patent Application Grant Authorised Patent Agent

Offering Professional Patent Application & Related Services

Crucial Things To Remember About Your Trademark Application

The United States Patent and Trademark Office (USPTO) conducts an intensive examination of every trademark application submitted by individuals, groups and organizations. Keep in mind that registering your trademark, which can be an image, words or sound, can be a challenging task because of the strict requirements and process, especially if you’re taking it on your own.

We suggest that you hire an experienced trademark agent or attorney to handle the dirty work, so to speak. But it also pays to know the basics of the initial application process since it’s your trademark and the rights and responsibilities that come with it rests squarely on your shoulders.

 

Select Your Mark Properly

If you want to start the trademark registration process on the right foot, you have to select your mark properly. You have to choose it with extreme care since not every mark can be registered with the USPTO and not every mark can also be legally protected. In case of the latter, a mark may be unacceptable as a basis for a legal claim by its owner who wants to prevent others from using a similar mark on related products and/or services.

 

You don’t want to make the rookie mistake of submitting an initial application for your trademark only to find out that it cannot be registered. Aside from checking that, indeed, it can be registered, you have to determine the ease and effectiveness of protecting it based on its strength.

 

You have to take note, too, that USPTO isn’t responsible for the enforcement of your trademark – its primary function is to register trademarks and patents. You, the trademark owner, have the primary and exclusive responsibility for its enforcement including when others are using it to their commercial advantage.

 

You should also take note of the acceptable format of marks before submission to the USPTO. You must also precisely identify your products and/or services that the mark will be applied on.

 

Search the Database

Before you file a trademark application, you should also search the USPTO database for similar marks. Your main goal: To determine whether another individual or organization has already claimed trademark rights similar to your mark and used them on related products and/or services through a federal registration.

 

A clearance search will save costs on trademark registration, too, since the USPTO generally doesn’t grant refunds. Thus, even if your initial application isn’t approved for one reason or another, a refund check won’t be in your mail.

 

You must also know that any and all personal information submitted to the USPTO at any point in the application and registration process becomes public record. Your full name, phone number and e-mail address, and street address will be part of the public database, which may or may not be a cause for concern on your part.

 

For details of the trademark registration, please contact us for free consulation.

 

CtR Intellectual Property Co.

Hong Kong Patent Application Grant Authorised Patent Agent

Offering Professional Patent and Trademark Application & Related Services