What does it mean to amend a trademark application? Simply put, it means changing or altering the application in some manner after it’s filed. The way to amend a trademark application is by filing an amendment with the United States Patent and Trademark Office (USPTO). Oftentimes, there are no government fees associated with filing an amendment, but you could still waste a lot of time and effort requesting an amendment that violates the USPTO’s rules and regulations. So, it’s important to understand which kinds of amendments are allowable, when they can be filed, and how to properly file them with the USPTO.
If your trademark application has gone abandoned because you unintentionally failed to timely file the Statement of Use, an Extension of Time, or a response to a trademark office action, you may be able to revive your abandoned trademark application by filing a Petition to Revive.
Filing an intent to use trademark application with the United States Patent and Trademark Office (USPTO) may be a good option if your trademark is not yet in use in commerce. It’s essentially a way to reserve your right to use a name, logo, or slogan in connection with the advertising and sale of specific products/services. Assuming your intent to use trademark application eventually becomes a trademark registration, all of your rights will date back to the filing date of the application. In other words, filing an intent to use trademark application prevents others from potentially acquiring common law trademark rights in a similar name while your trademark application is going through the registration process.
If you’re going to engage in a commercial enterprise, you’ll likely spend a great deal of time, money, and resources creating and developing your unique brands (i.e. your trademarks). After all, your unique brands are what allow you to build consumer loyalty and, in turn, grow and prosper. Your brands are some of the most valuable assets you’ll ever own because they embody your reputation and symbolize the goodwill your business has with the purchasing public. And because they’re so valuable, they need to be protected against competitors who may try to imitate or disparage them. As such, if you haven’t yet sought protection for your brands by filing a trademark application with the United States Patent and Trademark Office (USPTO), then I strongly encourage you to consider doing so.
If you’ve ever attempted to register a trademark, you already know that the USPTO trademark application form requires you to identify the trademark class into which your product or service falls. Most people look at the portion of the form that asks for the class and, not surprisingly, have no idea what that even means. Well, the good news is that the classification system is not really all that difficult to understand once you know how to navigate it.
Just as it’s possible to trademark a product name, most people already know that it’s also possible to trademark a logo with the United States Patent and Trademark Office (USPTO). But, applying to register a logo as a trademark is quite different than simply registering a name or a slogan. In my experience, people who file their own trademark application tend to make the most (and costliest) mistakes when they attempt to register their logos. Of course, this often leads to the expenditure of additional time and money that would have been completely unnecessary if the application was properly prepared in the first place. Although this is certainly not a comprehensive list of all the things you need to know to successfully trademark a logo, here are a few hints that will help you avoid making some common mistakes.
It’s not unusual for people to ask me whether they can prepare and file a US trademark application themselves rather than work with an experienced trademark attorney. Most of these individuals are in the beginning stages of launching a new business and are understandably concerned about staying within their budgets and making sure they have money for all of the other important things they need. When I started my trademark law practice many years ago, I had exactly the same concerns.
The USPTO trademark application form is a legal document filed with United States Patent and Trademark Office for the purpose of seeking federal registration and protection of a trademark throughout the United States. Please note that if you’re a “foreign-domiciled” individual or entity, you must hire a U.S.-licensed attorney to file the trademark application form on your behalf.