Resources - Trademark Law

Before contacting our firm regarding obtaining a trademark, consider answering the following questions:
  1. Do your customers identify your products or services by a brand name, model name, logo design, tagline, product design, packaging style, or a name you use for your business?
  2. Have you registered your brand names, slogans, logo designs, etc.?
  3. Do other companies in your industry have the same or a very similar identifier such as a brand name, slogan, or logo as you do?
  4. Do you currently use the "TM" symbol on all of your brand names, slogans, and logos?
  5. Do you control and manage the proper use of your trademark by other users you have authorized to use your trademark?
  6. Do you carry out occasional audits of your trademarks, their registration status and their usage?
  7. Do you know that you have to renew your trademark registrations with the USPTO in order to keep them in active status?
  8. Is your mark descriptive of the goods or services that you offer, or does your mark merely indicate the source of the goods or services?
  9. Are you currently using the mark in commerce in association with a good or service, or do you intend to use the mark sometime in the near future?

Initial Steps

STEP 1: Determine whether you need trademark, patent, or copyright protection.
STEP 2: Determine whether you should hire a trademark attorney.
STEP 3: Identify your mark format: a standard character mark, a stylized/design mark, or a sound mark.
STEP 4: Identify clearly the precise goods and/or services to which the mark will apply.
STEP 5: Search the USPTO database to determine whether anyone is already claiming trademark rights in a particular mark through a federal registration.
STEP 6: Identify the proper "basis" for filing a trademark application.
STEP 7: File your application. Reminders: (1) The application fee is a processing fee that is not refunded, even if no registration certificate issues; that, is, not all applications result in registrations; and (2) All information you submit to the USPTO at any point in the application and/or registration process will become public record, including your name, phone number, email address, and street address.

Applications Graph for Trademarks