What should I know about filing a trademark application?

Are you looking to file a trademark application? If so, please continue reading and reach out to a seasoned New Orleans, Louisiana trademark lawyer from Lemler IP to learn more about how the firm can help you through the process. Here are some of the questions you may have:

Should I file a trademark application?

The first step in the process is understanding the difference between the different types of intellectual property protection applications and determining whether a trademark is appropriate for you. Copyrights, patents, domain names, and business name registrations all differ. A trademark protects brand names and logos used on goods and services that help consumers decipher between one company or product and another. People often confuse a domain name, business name, and trademark. Though the lines are not clear and some trademark protection can apply to domains and business names. If you need trademark protection, it is in your best interests to get ready to apply.

Selecting a mark

Once you have decided that a trademark is necessary, the next step is selecting a mark. This step is important and takes a lot of thought because not every mark is registerable and not every mark is protectable under the USPTO.

• Your mark format
• You need to identify the applicable mark format. You can choose between:
  • A standard character mark
  • A stylized/design mark
  • A sound mark

The goods and services of your mark

The next part of preparing to apply is clearly identifying whether your mark will apply to goods or services. This is quite self-explanatory. If you are selling an item, you have goods. If you are selling activity, you have services. Lemler IP will work with clients and the ID manual to select the most appropriate identification for your goods or services. A general descriptive ID will usually satisfy the USPTO.

Searching the U.S.P.T.O database

Once you have determined the mark and the goods and services it will apply to, Lemler IP will search all databases to ensure that you are not infringing on another’s design. Through the U.S.P.T.O. database, Lemler IP can find out if someone has already claimed trademark rights in wording/design similar to yours and is currently in use through federal registration.

What is your basis for filing?

Lemler IP needs to establish your filing basis. Why are you filing? Do you want to protect your design because you have been using the mark in commerce or intend to use the mark in the future? Prior to registration, you must demonstrate that you have used the mark in commerce. The types of commerce can include interstate, territorial, and between the United States and a foreign state. If you have already used your mark in commerce, you may file under “use in commerce.” If you intend to use the mark in future commerce, you may file under the basis for “intent to use.”

If you have any further questions about filing your trademark application, please don’t hesitate to contact Lemler IP today.