Basically, there are 2 categories for filing a trademark:
1A Already doing business
1B Intent to use the Mark in the near future
To file a 1A Trademark Application, you need to provide:
- Name, address, and State of Corporation
- Location (Address)
- Class of Goods and Services (According to the USPTO G&S Manual)
- First date the Mark ever appeared in Public
- First date the Mark ever appeared in Commerce
- *Specimens proving you are currently in business.
i,e: *Screenshot of Website, JPG or PDF of Marketing material, like a brochure, or flyer, etc.
You must also do an extensive Trademark search of Nat’l, Intl, and Common Law trademarks to make sure you are not infringing on another’s mark and there is no conflict with an existing Mark.
The trademark application will be examined by a Trademark Examiner. If they feel the mark is strong enough and there are no conflicts with other marks, the mark will move forward through the Prosecution process and be approved (Registered)
If the Trademark Examiner objects, they will issue an injunction called an
“Office Action”. If they do you must fight it in trademark court. This process can take 3 to 18 months.
© John Anello Jr 2022