Posts Tagged ‘trademark registration’

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Can The Trademark Registration Process Be Expedited?

Wednesday, June 24th, 2009

Many clients call my office asking if they can pay the U.S. Government an expedited or rush fee to make the trademark registration process go faster.  Unfortunately, the answer to this questions is no.

Once a trademark application is submitted to the U.S. Government for review and approval, it takes between 6-18 months to receive a trademark registration certificate.  There is no option to pay a rush or expedited fee to the USPTO to move the trademark registration process any faster.  To many of my clients, waiting to see if the USPTO will approve their trademark seems like an eternity.  A whole brand can be built in 6-18 months and to have the USPTO deny the trademark application at that time could be devastating.

The best solution to this problem is to hire a competent trademark attorney that can give you an opinion on the registerability of your proposed trademark.  A trademark attorney can conduct a trademark search and give you an opinion on whether or not a proposed trademark is capable of registration with the USPTO.

Another piece of good news is that the USPTO trademark application process is first come, first servce.  This means that your trademark carries all the weight of a registered trademark as of the date you file the trademark.  No one else can try to register a same or similar trademark after the date of your filing, so long as your trademark application is ultimately approved by the USPTO.

Therefore, having the combination of a trademark attorney’s opinion that your trademark will most likely be approved by the USPTO and the fact that you have priority on your trademark as of the filing date should provide some sense of ease to a trademark applicant.

For more information on conducting a trademark search or registering a trademark contact Attorney Josh Gerben at Trademark Armor.

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How to Conduct a US Trademark Search

Wednesday, June 17th, 2009

Many clients call my office wanting to know if their trademark is “available” for registration.  The only way to determine if a trademark is available is to conduct a US trademark search.  A US trademark search can be conducted on the Web site of the United States Patent and Trademark Office (www.uspto.gov).

While anyone can go on the USPTO Web site to conduct a trademark search, it is virtually impossible for an unskilled searcher to determine if a US trademark is capable of achieving registration.  This is because the USPTO search engine is not robust enough to do a thorough US trademark search without the skill of an experienced searcher.  In order to determine if a US trademark is capable of achieving registration, the US trademark searcher must break down the trademark into multiple parts and look for similar marks in categories containing related goods.  Therefore, it is highly recommended that a US trademark lawyer is hired to conduct a US trademark search.

Moreover, in addition to the federal trademark database, a US trademark search must include a US state trademark search and a US common law search in order to provide full legal clearance for use of the trademark.  This is because under US trademark law if someone has registered a trademark with a state or simply begun use of the trademark in commerce (i.e. a common law trademark), that person or company may have certain rights that could interfere with a federal trademark.  Therefore, a complete US trademark search also includes a search of state and common law databases.

Once the US trademark search is complete, only a US trademark lawyer can interpret the results to provide an opinion on whether or not a US trademark is capable of achieving registration.

For a complete US trademark search please visit www.trademarkarmor.com

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How to register a trademark in the USA

Thursday, June 4th, 2009

Many international clients call my law firm to find out just how to register a trademark in the USA.  To register a trademark in the USA a company or individual must draft and file an application with the United States Patent and Trademark Office.

While this USA trademark application can be completed by anyone, I highly recommend to potential clients that they retain my firm to complete their trademark application.  The reason I recommend retaining a USA trademark attorney to draft and file a trademark application is because there are many technical and legal elements hidden in the USA trademark application.  If certain information is not entered correctly, it could lead to rejection of the USA trademark application and loss of any priority established on the trademark.

Moreover, to register a trademark in the USA it is imperative to first conduct a USA trademark search.  If a trademark search is not conducted prior to an attempt to register a trademark in the USA a client may not be aware of a pre-existing federal, state or common law trademark that could result either in the rejection of a USA trademark application or in a limitation of the client’s rights in their trademark.  Therefore, to register a trademark in the USA I recommend to potential clients that they retain my law firm to assist them in conducting a proper USA trademark search and then for the drafting and filing of the USA trademark application.

Once a USA trademark application is filed, a client must then wait for the U.S. Government to review and approve their application.  It generally takes about 8-10 months to register a USA trademark from the date the application is filed.  However, so long as the USA trademark application is ultimately approved, the trademark rights start on the date the USA trademark application was filed.  Therefore, when a client wants to register a USA trademark to protect their rights, they can be assured that no one will be able to attempt to register a USA trademark that is similar to theirs after the date of their USA trademark application filing.

To get started with the process to register a USA trademark please follow the link below.

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How long does the U.S. trademark registration process take?

Wednesday, May 27th, 2009

Many of my clients are surprised to learn that the U.S. trademark registration process can take from six to eighteen months to be completed.  In today’s fast paced economy many of my clients want to know if there is a way to expedite the US trademark registration process.

Unfortunately there are no expedited fees that can be paid to make the U.S. trademark registration process move any quicker.  The fact is that every U.S. trademark application must be reviewed by a trademark examining attorney with the United States Patent and Trademark Office (USPTO).  Because of the large volume of trademark applications received by the USPTO it generally takes four months just for the US trademark application to reach a US trademark examining attorney.  Once the examining attorney reviews the U.S. trademark application, if he/she does not have any problems with the proposed U.S. trademark registration, then the trademark application must go for a thirty day period of public comment.  It is only after this period of public comment closes can the U.S. trademark registration be issued.

Therefore, a successful U.S. trademark registration can be accomplished in as little as six months, however, many U.S. trademark applications require additional steps.  For example, the trademark examining attorney may require additional clarifications on the application.  Or, the attempted US trademark registration may be rejected on one of many grounds.  A trademark rejection may always be appealed, however, this adds multiple months to the process.

To ensure that a client’s US trademark registration attempt avoids these pitfalls, I generally encourage clients to complete a comprehensive trademark search to ensure that the trademark application will not be rejected based on a pre-existing similar trademark.  In addition, I highly recommend clients follow my advice on the completion of their U.S. trademark application to ensure the process goes as smoothly as possible.  At the end of the day, the US trademark registration process affords clients great protection on their trademarks, it just requires the patience of Job.

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Register a Trademark, Why Should I Register a Trademark?

Friday, May 1st, 2009

One of the questions I get from clients on a daily basis is why should I pay to register my trademark with the United States Patent and Trademark Office?  This question is undoubtedly asked because of the expense necessary to register a trademark.  The obvious answer to this question is that when you register a trademark you become the presumptive national owner of the trademark and can prevent any junior user of your trademark (i.e. an individual who begins use of the same trademark after the filing date of your trademark) from using the trademark.  When you register a trademark with the United States Patent and Trademark Office you gain the right to sue any unauthorized junior user of your trademark in Federal Court.

However, one of the little known advantages to registering a trademark is the power that a federal trademark provides a business in dealing with other private companies.  For example, some clients have called me after finding that competitors are disparaging their good name in online pay-per click advertisements.  What surprises my clients is that a competitor can actually post an ad on GOOGLE or YAHOO that uses their un-registered trademark and criticizes their product or service right in the headline of the ad.  Moreover, without a federal trademark registration, GOOGLE will not help remove the advertisement.  After calling GOOGLE in an attempt to have the ad removed, I often find my soon-to-be client’s next call is my office (after being told by GOOGLE that there is nothing GOOGLE can do).  This is because GOOGLE advises my soon-to-be client to register their trademark with the United States Patent and Trademark Office since GOOGLE will only help a business remove an unauthorized use of it’s trademark if the trademark is registered with the United States Patent and Trademark Office.

I believe there will be an increased trend whereby private companies (such examples includes Facebook, Twitter, etc.) rely on a registered trademark to police the use of business and product names.  Those individuals who do not register a trademark with the United States Patent and Trademark Office will be left with no means to enjoin the use of their trademarks besides an expensive lawsuit against the private company.  This should make the cost of registering a trademark look much less expensive.

To get started on your trademark registration click here or call 1-877-350-6275.

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