Things every client should know about trademarks

How does one obtain a trademark registration?

In a nutshell, you apply for it.

A company hires a trademark attorney to assist it in preparing and filing a trademark application for its trademark. The application describes, in some detail, among other things, precisely what the mark is, what goods or services it is used for, and who the applicant is that is claiming rights in the mark.

Trademark applications are not nearly as lengthy as patent applications because they do not contain nearly as much technical information. However, it is a grave misstatement to imply that they are not complex. In point of fact, they feature numerous traps for the unwary. Mistakes regarding the identification of the applicant, the mark itself, the samples (termed “specimens”) provided with the application, and / or the specification of the goods or services can result in the application later being rendered void altogether or, at a minimum, subject to lengthy delays.

The key to avoiding (or at least minimizing the probability of) these unhappy occurrences: hire a trademark attorney (that is, an attorney who devotes a substantial portion of his or her time specifically to filing and advancing trademark applications through the U.S. Patent and Trademark Office).

Is it important to file the trademark application quickly?

Is performing a trademark search necessary?