What is the Process of Obtaining a Trademark?

Do you own a business and are looking to make a name for yourself? One of the best ways to do so is by having a recognizable trademark. That being said, obtaining a trademark for your company may be more involved than you think, which is why you should strongly consider speaking with a dedicated New Orleans, Louisiana trademark lawyer before moving forward. Read on to learn more about the trademark process and how Lemler IP can assist you through it.

Steps in the Trademark Process

1. First and foremost, you’ll need to come up with a design for your trademark. This design should be simple yet recognizable and effective. The Nike “swoosh” is a fantastic example of this.
2. Once you come up with your trademark design, you should hire an attorney who can assess your trademark and run a check on it to make sure no one has used the trademark before (this will protect you from potential legal troubles down the road).
3. Your attorney will then file your trademark with the U.S. Patent and Trademark Office. The Office should begin examining your trademark within six months.
4. An examining attorney at the USPTO will assess your trademark and share their opinion on it, either by speaking directly with your attorney or issuing an “office action.” In most cases, a trademark will pass, and in some cases, it will pass with a few changes. In the rare case that your trademark is rejected, you can appeal within three months or extend that timeframe for an additional three months for an additional USPTO governmental fee.
5. Once your trademark is approved, the examining attorney at the USPTO will publish it in the official gazette for potential opposition. If anyone opposes your trademark (due to infringement issues, for example) they will have 30 days to reach out to the USPTO but can extend this timeframe up to 90 days for negotiations. In most cases, however, no opposition is posed.
6. Finally, the USPTO will issue a formal Notice of Allowance. You and your attorney will then file a “Statement of Use,” if you haven’t already done so. You will then receive a final trademark registration certificate within a few weeks after the issuance of the formal Notice of Allowance.

This concludes the trademark process–for now. Importantly, you will have to notify the government regularly to tell them your trademark is still in use. Within five years of your trademark issuance, your lawyer will file an affidavit of continued use and an affidavit of incontestability. By the 10-year mark, your lawyer will file another continued affidavit of use, and will continue to do so every 10 years going forward.

If you have any further questions about the trademark process or you’d like to have a trademark formally registered with the USPTO, contact Lemler IP today.