Trademark Applications - What Information to Collect BEFORE contacting an Attorney

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What do I need before contacting an attorney?

Obtaining a Federal Trademark Registration can be a simple process, if you are prepared and you educate your attorney. Before meeting with a trademark attorney, collect the following pieces of information:

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The trademark.

You would be surprised how many people come to an attorney without having their trademark finalized. Of course, we can help you narrow down your choices, run trademark searches on a few selections...etc. However, these options cost money. What is the trademark? It is a work mark, or do you want protection on the design/logo (or both)? If your logo is finalized, bring a final copy of the design to your attorney.

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Description

The trademark office requires a specific description of the goods/services used in connection with the mark. What goods/services will the mark be used in connection with?

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Use

To be awarded a Federal trademark registration, you must be using the mark. You can apply for registration if you have a bona fide intention to use the mark. Speak with an attorney about your options for filing. Are you using the mark? If so, what date (exactly) did you first start using the mark? What date did you first use the mark in interstate commerce?

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Assignment

Who will the mark belong to? Will it belong to you as an individual, or will you assign it over to your company?

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Specimen

If you are using the mark, bring a "specimen" of the mark in use. This could mean a photograph of the mark used on packaging, a brochure, a website printout...etc. The above listed items will ensure a smooth registration process. The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Erin Morgan Klug and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

Additional Resources

http://www.uspto.gov/

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