A trademark application is filed in the United States to protect names, logos, phrases, designs or other source identifiers associated with your business and its products and/or services. An important thing to remember about trademarks is that trademarks require USE. You can NOT obtain or maintain a trademark if the mark is not in USE. A trademark application may be filed, however, based on an INTENT to use the mark. Subsequent use is required before a trademark filed based on an intent to use may be registered. Since 2005, between 250,000 and 300,000 trademark applications have been filed each year in the U.S. Trademark Office, and between 150,000 to 200,000 of those applications have proceeded to registration each year. Clearly, filing trademark applications and pursuing registrations for the names, logos, phrases, designs and other source identifiers associated with your business and the products and/or services of your company or as an individual is an important element to protect the identity and increase the value of the business as well as its products and/or services.
We welcome any questions you may have regarding the trademark application and registration process — the most common questions we receive include:
- Is my trademark protectable?
- Should a trademark search be performed?
- Who can file a trademark application?
- How long will it take to obtain a trademark?
- How much does it cost to file a trademark, then to register the mark and subsequently maintain the mark?
- How long will my registered trademark last?
Simply fill out the FREE CONSULTATION screen on the side of any page of our website, and ask us any questions regarding the trademark process, and we will be happy to answer them for you. Or, if you prefer, you may call us or set up a meeting to discuss any questions you may have regarding the preparation and filing of trademarks, responding to office actions from the U.S. Trademark Office, and/or maintaining registrations of your trademarks.
Patents+TMS also works closely with law firms in countries around the world for those clients interested in pursuing trademark rights in foreign countries, such as Canada, any European country, Japan, Mexico, any South American country, China, Korea, India, Australia, Taiwan, Indonesia, the Phillipines — we have associates in every country in the world to file in any country on your behalf. Various trademark treaties exist to file an application that may be enforceable in multiple countries, such as an application filed under the Madrid Protocol, or an application filed in the World Intellectual Property Office (WIPO), or an application filed in the European Union (EU).
In addition, our firm also acts as a 'foreign associate' to law firms and foreign corporations and individuals that wish to file trademark applications in the United States Trademark Office.
Patents+TMS also offers a registrability search to determine if any known marks may pose an obstacle to registration of the mark that is proposed for use or is currently being used on specific goods and/or services. The search is similar in scope to that which the U.S. Trademark Office conducts during examination of the mark. Please consult with one of our attorneys to discuss such a search.