Once you register your trademark with the United States Patent and Trademark Office (USPTO), you may assume that your rights are fully protected. However, there is the possibility that you forgot to cover all of your bases in your trademark application. Continue reading to learn how to check that you have trademark protection and how an experienced New Jersey trademark lawyer at The Ingber Law Firm can work on your behalf.
How does trademark law protect my commercial rights?
Simply put, the United States trademark law will protect the commercial use of your mark if it is distinctive in any of the following ways:
- Your mark is arbitrary or fanciful (i.e., inherently distinctive).
- Your mark is suggestive (i.e., suggests a characteristic of an underlying good or service).
- Your mark is descriptive (i.e., overtly describes a characteristic of an underlying good or service).
How do I confirm that I have trademark protection?
First of all, you may have several goods and services that utilize your mark. So a common mistake is that owners forget to list key goods and services in their trademark application. This may include branded apparel that you sell to your customers, branded marketing materials that you distribute to your customers, branded equipment that you offer for your services, or otherwise.
In addition to including all your goods and services in your trademark application, it is equally important to use inclusive language. In other words, you must practice the following:
- You must identify your goods and services by using language that is specific.
- You must identify your goods and services by using language that is definite.
- You must identify your goods and services by using language that is clear.
- You must identify your goods and services by using language that is accurate.
- You must identify your goods and services by using language that is concise.
Once you formally obtain a trademark registration, you may want to set up a system to regularly monitor the status of your protection and to add to it as needed. This is because your requirements for protection may change frequently. You may review this through the following steps:
- Go to the USPTO’s website and track down your trademark registration information.
- Go to the “Goods and Services” section and review the list of goods and services that you have registered thus far.
- If you discover that some of your goods and services are not on the list, then begin filling out a supplemental application.
- If you anticipate using additional goods and services in the future, then begin filling out an “Intent to Use” application.
So, before it is too late, you must retain the services of a skilled Essex County, New Jersey intellectual property lawyer. We are ready and willing to take on your application.