What you need. What we know.™ – Trademarks: The Application
You need to know why you shouldn’t save the attorney fees by preparing and filing a trademark application yourself, or why you shouldn’t just click on that “Register My Mark” for $69 + government fees button for the website you found. With each of these options, once your application is filed, you go it alone through the next 12-18 months that it can take for the USPTO to prosecute your application and decide whether your mark will be registered.
Preparing and filing a trademark application might seem easy. Trademark law, however, is not. The United States Patent and Trademark Office (USPTO) lets individuals file trademark applications, but it officially encourages applicants to use a trademark attorney whenever possible.
Why? The USPTO will issue Office Actions and refuse to register marks based on one or more of the following that even non-trademark attorneys don’t properly understand:
Likelihood of Confusion
- Do you know whether your mark will create a likelihood of confusion with another mark? Do you know how to perform a proper trademark search to try to figure it out?
Acceptable Identification of Goods and Services
- Do you know what an acceptable description is for your goods and/or services? It might not be what you think.
- Do you know what constitutes an acceptable specimen?
Use vs. Intent-to-Use
- Do you know what “bona fide use in the ordinary course of trade” means?
A trademark attorney can help you with any and all of the above and guide your application through prosecution.
What You Need. What We Know.TMShare