The Trademark Process

The Trademark Process

By John Anello Jr.

It’s hard to determine what a trademark ultimately costs

There are several stages to it.

First you must perform a thorough search the name Nationally, Statewide, and Internationally, and “Common-law” to make sure no one has it or is using it.,

Then you have to examine the mark to see if it is strong enough

(A Trademark cannot be just “descriptive”. You could never get a trademark called “Comfortable Jeans” because it would merely be descriptive. That’s why they have names like Diesel Jeans, Levi’s Jeans, etc.)

The name has nothing to do with a description of the product.

ALSO: It cannot be geographically misrepresentative, like saying “British Cookies” when they are not from Britain.

Once you select the Trademark name you want, then it is filed with the US Patent and Trademark Office.

THEN: it is examined by a Trademark Examiner to see if it is strong enough and also does not conflict with other existing trademarks. If the Trademark Examiner objects to the trademark, he/she will issue an OFFICE ACTION, objecting to the trademark, blocking the trademark. At that point, you must go to task with the trademark examiner and offer a defense to the office action. If you win that process, your trademark is published in an International publication for all to see. If anyone in the world objects to your trademark application, they can file an argument, and then you have to go to the Trademark Trial and Appeals Board also referred to as TTAB (Trademark Court) and argue for it. If you win, you will receive the registration of the trademark.

There are two kinds of applications, one is “INTENT TO USE” the mark, meaning you intend to use it in commerce. You have 6 months to deliver the evidence.

The other application is “Already In Use”. In addition to the application, you have to provide evidence that you are really doing business with the trademark and not just

“sitting on it”.

So you have to show the first day it was ever shown in public, the first day it was ever used in Commerce, and a sample picture (JPG) of the product showing the trademark on it.

Filing and Legal Costs can very from $500 or $600, to $2500+, depending on how much resistance you experience to your application.

                                                                                                                                                Ó  John Anello Jr J.D.  2022,

All Rights Reserved


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