Preparing to File a USPTO Trademark Registration Application

Posted almost 2 years ago. 1 helpful vote

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In view of a misleading guide written by a cheap supplier of low cost applications, that the preparation issues are: Words, Design, Colors; Date of First Use; "Bona Fide" Intent;Products and Services;Ownership;Is it Actually a Trademark?;Is Anyone Else Using a Confusingly Similar Trademark? and that, with answers to these questions in hand, trademark owners can make an informed decision about how and when to file for trademark registration.

The guide is harmful, as it diverges from and may lull potential applicants into missing the much better and official guides from the United States Patent and Trademark Office ("USPTO" or "PTO") found at

http://www.uspto.gov/trademarks/basics/index.jsp,

and that include video guides that are superbly done and very informative, using a news report type of format in many cases that is actually quite entertaining.

The first step should be to understand what a trademark is and the basics of trademark law and procedure so you know if that is what you have and if registration is what you should do. And, that is easily done by reading the official guide from the PTO found at

http://www.uspto.gov/trademarks/basics/BasicFacts_with_correct_links.pdf

If you have any questions after reading that, you can likely find the answer on the PTO's trademark FAQ page at

http://www.uspto.gov/faq/trademarks.jsp

Having done that, now go back to the basics page, which you will recall is found at

http://www.uspto.gov/trademarks/basics/index.jsp,

and watch the videos, which are labeled as such.

Once done with those, you should know whether what you have is a trademark and whether what you want is to register it. If the answer is yes, you should contact an intellectual property attorney or trademark attorney. There are advantages to using an intellectual property attorney, and particularly a registered patent attorney, as he or she will understand the various other forms of intellectual property and be able to help you decide if those are either more appropriate to protect your creation and your business or need to also be done and then be qualified to do them.

So, in this case going to the official source, the PTO, at www.uspto.gov is your first step, not going to some low cost provider. Remember that with legal work, you often get what you pay for, and if you go cheap you may get cheap work and poor protection. Trademarks are among the most valuable assets for your business, and long term oftent THE most vital asset of your business. Don't know about that? Ask COKE, PEPSI, MCDONALDS, WALMART, SONY, SAMSUNG, APPLE, IBM, MICROSOFT, DISNEY, or BUDWEISER. Do this right, not cheap, as the results can be with you for years.

Additional Resources

http://www.uspto.gov/trademarks/basics/index.jsp,

official pto trademark basics webpage

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