Commonly Used Words in the Trademark Industry
Trademark — a source identifier for a company or product, including names, slogans, or logos and sometimes even colors, smells or music.
Service mark — a mark (name, logo, slogan) that represents a service.
USPTO — The United States Patent and Trademark Office, a federal agency which issues patents and registers trademarks.
Commercial Use — refers to the requirement that a trademark (or service mark) have actual commercial use prior to being registered. Commercial use typically requires sales of products and/or services to customers in more than one state (or in a different state from where the trademark owner is based).
Intent to Use – refers to your intention in placing your mark in commerce. Commerical use has not yet been established.
Specimen — an example of the trademark used in connection with products or services provided to the USPTO in a trademark application to prove commercial use.
International Classes — used by the USPTO to categorize the different ways a trademark is used.
Why Trademarks are Important
A federal trademark registration puts others on notice that your brand exists and is protected across the United States. Once your trademark is registered, it appears in The United States Patent and Trademark Office’s (USPTO) online database. This database is available to the public and allows users to conduct a search to find potentially similar marks to their own.
Establish Your Brand
- We help you establish your brand, and make sure it is consistent with your business development goals.
- Whether you have a new a product, company or an established company that needs help furthering your branding we can help you formulate a strategy that fits your company’s needs.
- Most of our trademark services are provided on a fixed-fee basis, providing predictable cost and efficient service. Our trademark professionals are active in leading trademark and intellectual property organizations.
Talk with our Trademark Experts
Protect Your Brand by registering your trademark. By registering your mark you gain a presumption of nation-wide exclusivity for use of your mark. Effective trademark registration can deter others from using your goodwill to market their competing products.
The federal register is a vital tool you can use to establish your brand. We have the experience to register, enforce, and protect your trademarks ensuring that you leverage your mark in the global marketplace.
OUR TRADEMARK PROCESS
Comprehensive Trademark Search
Once you complete our engagement form, we will conduct a quick federal, state and common law trademark search. Our search works to identify any potential issue with your desired trademark prior to making a trademark filing.
Trademark Attorney Consultation
Within a few days of commencing work, we will return the trademark search results for your review. You can then set up a time to talk to one of our attorneys about the search results and talk about any recommendations they may have.
Trademark Application Filed
Our experienced trademark attorneys will prepare your trademark application for your review and approval. Our attorneys understand the intricacies of a US trademark application and will ensure your application is drafted to give you the best chance of approval possible.
The Detailed Process
The first thing you need to do is submit a trademark application with the United States Patent and Trademark Office. This is a U.S. government agency, commonly referred to as the USPTO.
When you file a trademark application with the USPTO, it will take about three to four months for them to initially review your application. At that point, an examining attorney will review your application and compare it to other trademarks that preexist yours to ensure there is not a conflict. After the examining attorney does this, they will then forward the trademark for publication.
Publication refers to the 30-day comment period that goes with every trademark that’s registered on the Principal Register. During this period, any member of the public can oppose your trademark application. So even if the U.S. government has approved it, potentially a third party feels they could be damaged and then during this 30-day window could oppose your application.
Once that 30-day window closes, the application is sent back to the examining attorney for final review. At that point, as long as you had filed your trademark “in use,” meaning that your products or services were being sold at the time the application was filed, the examining attorney will issue the registration on your trademark, and a registration certificate will come in the mail.
This entire process takes about six to eight months. However, it tends to be more like eight months than six. And that is how the trademark registration process works.
Would you like help with the process? Then just reach out to us and we'll schedule an initial consult to determine the best plan of action for you.
Office Action Responses
Foreign Trademark Filings
Cease and Desist
Domain Name Transfer
Quick Trademark Links:
Trademark Electronic Search System (TESS)
IP Handbook of Best Practices
INTA Trademark Basics
Get In Touch
123 North Centennial Way
Mesa, AZ 85201