Just like a new invention or a creative work, a business name or brand is intellectual property worth protecting. Your brand is your legacy, and over time it becomes a symbol of your reputation and the quality of your goods and services.
Hiring a trademark application attorney to prepare and file an application for your trademark is the best way to ensure that your brand remains untarnished. The Polasek Law Firm can prepare and file your application. The firm is available to discuss this process with you at no charge.
Trademark Application and Registration Process
There are three main components to obtaining a trademark registration. First, before your trademark attorney files a trademark application, you may ask your trademark application attorney to conduct a clearance search (also called a “knockout” search).
The purpose of this search is to find existing trademarks that might conflict with yours. Although you are not required to conduct this search, it is recommended. Second, your attorney will draft and submit the trademark application with the U.S. Patent & Trademark Office (USPTO).
Third, after filing your application, your trademark attorney will monitor it during the examination process at the USPTO and receive communications from the trademark examiner, typically in the form of an Office Action. Your attorney will review any Office Actions issued by the USPTO and draft and file a response to the Office Action.
The overall process typically takes 6-8 months. Once the USPTO approves your application; it will be published in the Official Gazette, and if no opposition is filed, the application will proceed to registration.
You will then obtain your registration certificate. If you filed an “intent to use” application, a statement of use will need to be filed before the USPTO issues the registration.
Why Trademark Registration Is Important?
First and foremost, having a federal trademark registration provides certain presumptions related to your ownership and entitlement to use the mark, and it gives you the stronger right to enforce your trademark against those that create a likelihood of confusion. In addition, a trademark registration gives you:
- Nationwide protection against infringement;
- Protection against cybersquatting, trademark dilution, blurring, and other claims; and
- Public notice of your registration and the ability to use the ® symbol next to your trademark.
By failing to register your mark, you have only limited protection in a limited geographical area. As a result, you run a greater risk of someone else capitalizing on the reputation you’ve earned.
If you’re interested in learning more about how a trademark can help you, the trademark attorney at TPLF can provide more information.
Do I Need a Trademark Registration Attorney?
Although you can register a trademark yourself, hiring an attorney to assist you is often a good idea. A trademark registration attorney will be familiar with the nuances of obtaining registration.
For example, your attorney can help you determine which International Class best suits your mark. Or if you haven’t started using your mark in commerce, your attorney can help you file an “intent to use” application. Without a complete understanding of your options, you might make a mistake that significantly delays your application.
In addition, having an attorney is critical if the USPTO issues any office actions during the examination of your application. Depending on the nature of the action, you may need to draft a persuasive legal response supporting your position. In cases where this is required, having an attorney will maximize your chances of a successful outcome.
Ready to Register Your Trademark?
The Polasek Law Firm (TPLF) is a premier intellectual property litigation law firm dedicated to serving clients locally in Texas and nationwide. The firm has more than 25 years of experience handling a variety of intellectual property matters for our clients.
If you’re ready to protect your brand, don’t wait. Contact The Polasek Law Firm today online or by phone at 832-485-3580 to schedule a free consultation.