Filing a trademark application can be an intricate process. StrongMarks expertly advises you of your options and files trademark applications efficiently and affordably. A federal trademark provides a trademark owner with the exclusive right to use a particular name, logo or slogan in connection with your chosen goods or services within the United States.
A trademark application may be based on your current actual use of a mark in commerce, or may be based on your intent to use a particular mark. Trademark applications may also be based on either a foreign trademark application or a foreign trademark registration.
A trademark for a name only is called a standard character mark. A standard character mark provides broad protection for that name in connection with the goods or services that you are offering for sale.
Another type of mark is a logo, or a depiction, that may be registered as a trademark to identify your goods or services. For example, the word NIKE is a standard character mark identifying products sold by Nike, Inc. The famous Nike Swoosh® is an example of a logo that is also a registered trademark of Nike, Inc.
Slogans may also be registered as trademarks. BMW’s ‘The Ultimate Driving Machine’ is an example of a slogan that is a registered trademark.
StrongMarks provides estimates on all foreign filings, and provides an efficient service of obtaining foreign protection for your trademark. Foreign trademark protection may be obtained through the World Intellectual Property Organization. The WIPO charges a general fee, and then each country designated in the trademark application contains a separate charge. An application through WIPO has the advantage of applying for trademark protection in multiple countries by filing a single application, thus lessening your costs. In order to file a WIPO application in a foreign country you must first have an existing application filed either in the United States or in another foreign country.
Most trademark applications receive at least one ‘Office Action’. An Office Action is a document issued by a trademark examiner that rejects the application or suggests modifications to the application that, if made, would render the trademark capable of approval for registration. The most common rejection of a trademark application is that the proposed mark presents a likelihood of confusion with another, existing trademark. StrongMarks is experienced in responding to Office Actions, and in negotiating with examiners in order to obtain approval of the mark.
In order to be registered as a trademark, a mark must actually be used in interstate commerce. A statement of use of a trademark must be filed before a trademark application filed as an intent to use trademark may obtain formal registration.
StrongMarks provides trademark search services, from a search of the USPTO database for marks with the same name, known as a ‘knock out search’, to full scale searches of all state databases and internet searches. Our attorneys search for marks that are the same or similar to your proposed trademark to determine whether you face potential obstacles in registering your mark. We determine whether you are at risk for a claim for trademark infringement, or see whether someone is infringing your trademark. We search the requested databases, and send you a written report within five (5) business days. Expedited services available.