In today’s economy, protecting your business brand seems more important than ever. If you own a trademark, it’s important to make sure that you file for the appropriate protection. There are various ways to protect your trademark, including through applying. Here are some things to keep in mind when applying.
Two types of applications can be filed to protect a trademark: registration and use. Registration officially registers a trademark with the United States Patent and Trademark Office (USPTO). Use refers to using a registered trademark in connection with goods or services. In other words, using the mark on products or advertising can show that you have exclusive rights to its use.
Can I file for a trademark application on my own?
The answer is yes. Your trademark application can be submitted as long as you are an American national or work for a company with a US address. While the lack of upfront legal costs may be alluring, applying without the help of a trademark expert frequently has unintended implications that are far more expensive in the long run. The applicant ultimately incurs greater costs due to the ensuing Office Actions, prospective oppositions, and other potential problems than they would have if their application had been correctly filed at the outset with legal representation.
Although it is feasible to submit a trademark application on your own, using an attorney’s expertise is recommended to avoid the procedure’s complexity and the potential for multiple errors. Having a trademark attorney at your side can prove useful when you apply for a trademark for your organization, from potent name search portals that analyze your mark’s chances of registration to informational guidance in responding to issued Office Actions. The intellectual property portfolio of your business is an investment, so having a skilled trademark lawyer support your application pays well.
How long is the trademark registration process?
It usually takes eight to 10 months to complete the entire trademark registration process in the US. Suppose you work with an attorney to help you with the application. In that case, the process will begin with selecting your trademark and a succeeding search of the existing registered name to ensure there are no direct conflicts and to provide any necessary risk of rejection that may be pertinent to your mark. Along with choosing your application’s filing basis, you’ll also fill out the application’s last pieces of information, including the necessary business and sales data.
Three to four months pass after the application is submitted before a solicitor reviews it. The attorney examines the application, assessing any conflicts with already-registered marks and ensuring that it complies with all technical specifications the USPTO sets. The application will return with a response known as an Office Action if the examining solicitor thinks that the application infringes upon the rights of another trademark, fails to adhere to registration requirements, or discovers another concern not previously cited. To continue advancing the application, the applicant must reply to these returns. Using a trademark attorney’s knowledge is strongly encouraged if you want to provide a complete response and have the best chance of defeating the Office Action.
Without an Office Action from the USPTO lawyer, the application enters the thirty days following publication. During this time, any public member may contest the trademark application if they believe its registration could harm their company. After then, the application will return to the examining attorney for one last review if no oppositions are submitted.
If you plan to use your mark commercially, filing for registration as soon as possible is important. The process of filing for registration can be time-consuming, but it is well worth it. Registration provides many benefits, including increased legal protection and enhanced recognition. It is also important to note that use does not always require registration; in some cases, users may be enough to protect a trademark. However, if you plan on using your mark commercially, filing for registration as soon as possible is best. The USPTO will send the formal registration certificate to the trademark owner after the examining solicitor issues the registration on the trademark.
Conclusion
If you are planning to start your own business and need a good domain name, filing a trademark application is an excellent place to start. A trademark attorney can help you protect your rights in the market and avoid being taken advantage of by unscrupulous competitors. If you are unsure whether filing a trademark application is the right step for you, don’t hesitate to consult with an attorney. You could save yourself a lot of heartache down the road.
Disclaimer-Brealant provides access to independent attorneys and self-service tools, is not a law firm, and does not provide legal advice.
