Whether you wish to use a word, phrase, sound, packaging, or otherwise as a trademark within your company, you must formally apply for ownership. And it is recommended that you do so sooner rather than later, as your application does not automatically mean it will be approved to register. Continue reading to learn how to prepare for your trademark application process and how an experienced New Jersey trademark lawyer at The Ingber Law Firm can guide you through every step of the way.
How do I prepare for my trademark application process?
Your trademark application must meet the strict requirements of the United States Patent and Trademark Office (USPTO). So, before submitting your initial application, it may be in your best interest to consider the following:
- Be sure that you are willing to have the personal information included in your application (i.e., your address and email address) become a part of a public record, viewable on the USPTO website and other websites that index USPTO data.
- Be sure that you include the correct information for the type of trademark you are applying for (i.e., a standard character trademark or a special form trademark).
- Be sure that the type of trademark you are applying for meets the scope of protection that you are seeking, as you cannot change it afterward.
- Be sure that there is not already a registered trademark that is confusingly similar to the one you are applying for, using the Trademark Electronic Search System.
How can a trademark lawyer help me prepare?
There are many legalities surrounding a trademark application. So, especially if this is your first time filing, you should not go through this process alone. Just some of the services that a seasoned New Jersey trademark lawyer may offer you are as follows:
- A lawyer may advise you on which legal or statutory basis for filing to disclose in your initial application (i.e., use in commerce or intent to use).
- A lawyer may advise you on how to meet the up-front requirements for your claimed basis.
- A lawyer may advise you on which application form to select for your initial application (i.e., the Trademark Electronic Application System (TEAS) Plus or the TEAS Standard).
- A lawyer may advise you on how to meet the up-front requirements and costs of your selected application form.
Along the way, your lawyer may answer any other questions that you may have surrounding the process. And with this established relationship, they may come to your aid if your trademark rights are ever, unfortunately, infringed upon.
With all that being said, you must make a valiant effort toward establishing your rights over a trademark. Reach out to a skilled Essex County, New Jersey intellectual property lawyer at The Ingber Law Firm to learn how to get started on your application.