Essentially, if you formally register your trademark with the United States Patent and Trademark Office (USPTO), you may be granted serious protection against the unauthorized use of your mark. But with this, you must understand that the USPTO does not give away such protections to just anyone who applies. Rather, they go on a case-by-case basis when it comes to approving and denying trademark applications. So before jumping right in, please read on to discover the steps for the trademark preparation process and how a seasoned New Jersey trademark lawyer at The Ingber Law Firm can help better improve your chances of earning approval.
What does the trademark preparation process consist of?
Once you have established that trademark protection is necessary for your business to succeed in the marketplace, you must think critically about what you want your mark to exactly be. That is, a word, phrase, letter(s), number(s), pictorial scene, smell, sound, color, packaging, or product configuration may function as a mark to be used on your goods and services.
Then, once you have a particular mark in mind, you must review it and assure it has a quality of distinctiveness. This is because, to qualify for the USPTO’s protection, they must view is as either arbitrary or fanciful, suggestive, or descriptive. Of note, generic marks cannot be protected because they are deemed to refer to a general class of products rather than, say, coming from your business exclusively.
To take it one step further, it may be in your best interest to look through the USPTO’s database. This is so you may identify whether your proposed mark, or something similar to it, is already in use and already federally registered. If so, you may have to start from square one.
Last but not least, you must further identify how, when, and where you intend your mark to apply to your goods and services. If you have already used your mark in the marketplace (i.e., interstate commerce, territorial commerce, international commerce, etc)., you should collect evidence of this. These are all likely important details that you will have to explain clearly within your trademark application.
What does the rest of the trademark application process look like?
When you properly fill out and submit your trademark application, the USPTO will quickly reaffirm that you have met its minimum requirements. If you have not, then you may be sent an Office Action that requires you to rectify any issues before they process your application any further.
But if all is well, they may assign a serial number to your application and pass it along to an examining attorney. Hopefully, the attorney will conclude that your mark is legally registrable. Soon after, your trademark may be published in the USPTO’s weekly publications.
At this time, third parties may come forward to file an opposition should they feel that your proposed mark potentially infringes upon their protected rights. But if no one steps up, your trademark may ultimately be registered with the USPTO and you may receive a registration certificate shortly.
If you require legal representation, look no further than a competent Essex County, New Jersey intellectual property lawyer. The client testimonials and case results on our website speak for themselves, saying that you will not regret hiring the team at The Ingber Law Firm.
