OUR PRACTICE

TRADEMARKS

IS IT EASY TO GET A TRADEMARK?

The answer to the question is yes….if you know how. Obtaining a trademark registration with the US Patent and Trademark Office (USPTO) is automated and is all done on line. You can check out the procedures at www.uspto.com . If you produce a product you will be seeking a trademark. If however, your mark relates to a service you provide, you will be seeking a service mark. The procedures are essentially the same.

If you want to register a new trademark, you can check out the USPTO website to see if there are any trademarks already registered that are similar to yours. After you enter the site, go to TESS (Trademark Electronic Search System) which is the USPTO’s free search system. Even if you find some similar marks, you may still be able to register it if your product is in a different market than those already registered. (The USPTO will not register a mark in which there is a “likelihood of confusion.”) For example, if your trademark is for jelly and there is a similar mark for hammers, you can probably get it registered. If the existing similar mark is for jam however, you have a problem.

You will need a good PDF or jpeg copy of your logo to submit with your application. You also need to select the international class number(s) and description(s) that include your product. Further, you must disclaim any part of your trademark that is generic. For example if you want to trademark Jollygood Jelly you must disclaim word jelly except as used as part of your overall mark. If this were not so you could effectively stop everyone else in the country from putting the word jelly on their products!

If you have not yet used the mark in commerce, you will need to file an “Intent To Use” application. If approved you have five years to prove use in commerce before it expires. If you are already using your trademark in the marketplace, then you can apply for registration immediately. This is called “Use in Commerce”. You will need to state when you first started using this mark in commerce. You will also need to submit a PDF or jpeg specimen showing the product in service, such as a photo of the product, product label, package, brochure, advertisement, etc.

If you want assistance in navigating through the trademark or service mark process, we would be happy to help. Or if you decide to prepare the application yourself and get a “Request for Office Action” denying your application we can help you fight it.

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