Trademark Application – The First Step in Obtaining a US Trademark Registration

trademark application

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.

The Trademark Application Process

A trademark application is a legal document filed with the USPTO for the purpose of seeking federal registration of your trademark.  Completing the official USPTO trademark application form is the first step toward federally protecting your trademark and enhancing your legal rights.  The application may be filed under Section 1(a) (use in commerce), meaning that your trademark is currently in use.  It can also be filed under Section 1(b) (intent to use) to reserve your mark while you develop your products and/or services.  If you happen to be the owner of a foreign trademark application or foreign trademark registration, you may alternatively be able to file your U.S. application under Section 44(d) or Section 44(e).

Don’t Waste Time and Money

Before even applying to federally register your trademark, there are two important steps you should take to avoid wasting time and money.  The first is to ensure that your trademark doesn’t fall into one of the several categories of trademarks that are ineligible for registration under any circumstances.  The second is to conduct a comprehensive federal trademark search in order to learn whether your trademark is confusingly similar to another mark that’s already registered or pending approval.  If your trademark isn’t eligible for registration, or a likelihood of confusion exists with another mark, you can be sure that the USPTO will reject your trademark application and you’ll lose the filing fee you paid when you submitted it.

Accuracy is Vital

Applying to register a trademark is often trickier than it appears, so it’s vital that you fully educate yourself before heading down the registration path alone.  Incomplete or inaccurate information may lead to the delay or denial of your application, severely limit the scope of your trademark protection, or even result in the cancellation of any resulting trademark registration.  Needless to say, if you’re unfamiliar with the trademark registration process, or are unsure of how to properly complete the trademark application form, it’s recommended that you seek the advice of a trademark attorney to increase the likelihood of successful registration.

What Happens After Filing a Trademark Application?

It can take up to four months for a USPTO examining attorney to perform an in-depth review your trademark application.  Bear in mind that the examining attorney may issue a trademark office action requesting clarifications, asking for additional information, or outright refusing registration of your trademark on various legal grounds.  Only after you have overcome all issues raised by the examining attorney will your trademark application be allowed to continue through the registration process.  Once approved by the examining attorney, your trademark application will still have to clear the trademark opposition period.  The USPTO will then issue the Certificate of Registration if your trademark application was filed under either Section 1(a) or Section 44(e).  If your trademark application was filed under Section 1(b), the Notice of Allowance will issue instead.  In the event you’re able to successfully register your mark, your United States trademark registration will provide you with many significant benefits and protections, and it will deter others from adopting and using a trademark that’s too similar to yours.

Trademark Application Assistance from a Trademark Attorney

I’m experienced US trademark attorney Morris Turek.  If you have any questions about the trademark application process, need some assistance with navigating the trademark application form, or are seeking guidance on whether you should even file one, please do not hesitate to contact me.  I may be reached at (314) 749-4059, morris@yourtrademarkattorney.com, or through my contact form (below).  I look forward to hearing from you.