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Collier Legal

Trademark Applications

Trademark applications are applications to register as the owner of a word, phrase, or image for use in commerce. Trademark applications can be filed for standard characters, special characters (stylized fonts), or designs. The type of application affects the level of protection granted by an issued trademark. International trademarks are available through the USPTO via the Madrid Protocol. All applications should begin with a professional trademark search.

patent application notepad

What Are The Requirements To File A Trademark?

When you file a trademark electronically with the USPTO, you will be guided through submission of the following items:

  1. The name and address of the mark applicant
  2. The classification[s] of goods or services
  3. A description of the goods or services for each classification
  4. A picture of the mark (if not standard character text) without any background (“specimen”)
  5. A statement of use: (A) the mark is currently in use; or (B) the mark will be in use in the future
  6. (if currently in use) A picture of the mark being used in connection with the description of the goods or services

What Type Of Trademark Application Is Best?

Standard character applications provide the broadest protection because they are not limited by design elements. A standard character mark prevents others from using a mark in standard characters, and prevents others from using stylized variants.

Stylized marks, such as special characters or designs, only prevent others from using the registered mark with similar style elements. If you obtain a special character mark, you cannot sue others who use the same mark with different stylizing elements, such as design features or font styles.

However, there is still great value in stylized marks. For example, if you obtain a stylized mark, you have the ability to use your desired name or phrase in commerce without fear of infringement, even if you have to use stylized lettering. If you are in a competitive market, or you have a mark that has a valuable connection to your brand, then obtaining a special character mark can serve as a great defensive tool. This lets you protect the intangible value you perceive with the desired mark.

Trademark Application Services

Our trademark lawyers help clients apply for and obtain trademarks. We’ve helped many clients file initial applications and fix pro se applications, including names and logos for online retailers; names and logos for restaurants and fast food businesses; names, logos; and slogans for professional service providers; and product names for inventors. We have a high success rate of overcoming office actions and getting trademarks issued. We also have experience dealing with trademark infringement issues.

Our trademark lawyers also help clients prosecute applications after filing. USPTO office actions and rejections are a standard part of the process, but it can be a cause of concern for applicants. We provide continued support and peace of mind to trademark applicants while we fight to get their trademarks issued.

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