What Should I Know Before Entering the Trademark Process?

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When you have a business, you must undergo the process to obtain a trademark. This process entails registering your trademark with the United States Patent and Trademark Office (USPTO). While this process may take a great effort to achieve, it is important to do because it is one of the only ways in which you can legally protect against the unauthorized use of your business’s mark. Read on to discover what you should do to prepare for the trademark process and how a seasoned New Jersey trademark lawyer at The Ingber Law Firm can stand by your side every step of the way.

What is the purpose of the trademark process?

Before understanding the purpose of the trademark process, you must understand the purpose of a trademark. Essentially, a trademark is used to protect your business, which likely depends on an identifying aspect for consumers to distinguish your goods from that of a competing company.

With that being said, before pursuing the trademark process, you must first assess your trademark and determine whether it is worth protecting. That is, if you can conclude that your trademark is unique to your business, then you can begin to apply.

How do I prepare for the trademark process?

Every business owner must undergo a similar process to register their trademark. This process is as follows:

  1. First, you must file your trademark registration application.
  2. At this point, the USPTO will examine your trademark. Notably, this step may take a while due to the volume of requests this office receives.
  3. After reviewing your application, the examining attorney will either pass, reject, or suggest changes to your application.
  4. If your application is passed, the USPTO will publish your trademark in the USPTO Gazette.
  5. Once your trademark is published, anyone who opposes it has up to 30 days to speak up. Notably, this deadline can extend to up to 90 days to allow for negotiations.
  6. If there are no delays or oppositions, the USPTO will issue an official Notice of Allowance and you will file a Statement of Use.
  7. In the end, you will receive the full effect of trademark protection.

How can a trademark attorney help me throughout this process?

As insinuated above, the trademark process will take a great deal of effort to undergo and produce a positive result. Put simply, it can be a long and complicated legal journey. For this reason, we recommend that you retain the services of a competent Essex County, New Jersey intellectual property law firm. We will not only guide you throughout the whole process with sound legal counsel, but we will also draft and file all the necessary paperwork on your behalf. You should not have to go through this alone. Give us a call today.