Did you know that 1 in 5 trademark registrations are denied? Even if your application is not denied outright, there's still a hurdle to overcome - an Office Action. You must respond promptly and accurately to the Office Action ensure your mark's approval. But that's not all! There's also the publication and opposition period your mark must navigate successfully.
This is where INTELLEQUITY® comes in. I have the knowledge and experience to conduct a comprehensive search and file your mark's registration application correctly, substantially boosting your chances of success. If the USPTO sends an office action, I'll swiftly respond and address any deficiencies, saving your mark from denial. Moreover, I'll defend your mark against any opposition that may arise from another registrant.
Read below for more detailed information on trademark registration, or book a free 15 minute general information consult or a 1/2 hour detailed low cost consult that fits your needs. Expect exceptional service and legal work you can always rely on.
Gather The Required
When completing a trademark application, there are several types of information that will need to be provided. These include the name and address of the trademark owner, a description of the mark, and a statement as to the specific goods or services that will be associated with the mark. Additionally, the application will require a description of the types of products or services that the trademark is intended to be used for, the date of the first use of the mark in commerce, and any existing trademark registrations or applications that may be related to the mark. It is also important to provide information about any previous or current disputes or legal issues related to the mark. Overall, completing a trademark application requires a detailed understanding of the mark, its intended use, and any related legal issues.
Intellequity can ensure you have the proper data and with our automated system, it can be uploaded straight into the USPTO system when we are ready to file your application.
Read more information below on other important things to know about the trademark registration process. Ready for me to file a trademark application for you? Book a low-cost consult today, or fill out your trademark information here and we can contact you!
File The Trademark Application
In order to file a trademark application, the first step is to set up an account with the USPTO. No application can be filed until this is done. Once that has been accomplished, it is time to begin your filing.
The actual application is a bit confusing and detailed and beside inputting information regarding the mark owner, the application requires you to submit a very detailed description of the mark, its intended usage, and the classes of products or services associated with it. If you are already using the mark, the application requires you to include a statement of use, upload evidence of use in commerce, and proof of any prior use.
If you are not already using the mark, you would need to file an Intent To Use application, for which the trademark office charges an additional fee, and for which, at a later time, you would need to upload eventual proof of use of the mark in commerce.
Once the application has been successfully filled out, you are then required to certify that the information you have provided is true and accurate. At that point, you must make payment of the filing fee, which is dictated by the number of different classes of goods and services and the type of application that you file. Once this is done, your application will sit until it is picked up by a USPTO examiner, which could take some time. For current trademark processing times, you can click here.
Continue reading below for more information on the rest of the trademarking process, or if you are ready for me to file a trademark application for you, book a low-cost consult today!
Shortly after submitting the application, the USPTO will conduct a very preliminary review of it to make sure the application is filled out correctly. You may receive a notice that it is deficient in some way, and be required to make corrections.
After a cursory review of the application for technical defects, several months later, depending on the current backlog of the USPTO, the USPTO will do a substantive examination of the application for compliance with the rules and regulations and compare your mark to any existing marks already on file. If the application is approved, the trademark will be published for opposition, and if no opposition is received, the trademark will be registered.
If the examiner believes there is something wrong with the application, it will notify you of the issue, and you will be required to respond within a specific timeframe. Typical objections by the examiner, known as Office Actions (OA), include a 2(d) refusal under likelihood of confusion with another mark, invalid specimen provided, your mark is merely descriptive and cannot function as a trademark without more proof, and a request for some type of disclaimer. In any event, receiving an OA is a serious matter and should be handled promptly and with experienced knowledge of how to respond. Failure to respond in the time indicated, or failure to request an extension of time, will result in your application being deemed to be abandoned.
The whole process of filing a trademark application can take up to several months or even years and may require the assistance of a legal practitioner to navigate the complex legal procedures. In fact, the USPTO highly recommends that a registrant obtain the use of an attorney for trademark applications, and in some instances, requires it.
In any event, I an experienced trademark attorney and can help you with filing your trademark application and respond, if needed, to any Office Action that may arise. If you are ready for me to conduct a trademark registration for you, then book a low-cost consult today!
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