The Trademark/Service Mark Application looks deceptively simple.
Half of it is questions about your business, address and so on. Then you fill in the phrase or design that you want trademarked and describe your products or services.
What could be so difficult about that?
Government forms are never as straightforward as they look.
This is what the US Patent & Trademark Office wants you to do before you start filling out the application for a trademark:
STEP 1: Determine (1) what mark you want to register, and the form thereof; and (2) the goods to which the mark is applied, or the services in connection with which the mark is used. For assistance with the goods and/or services, check the USPTO Goods/Services Manual.
STEP 2: Use the use the Trademark Electronic Search System (TESS) to search the USPTO database, to determine whether a confusingly similar mark is already registered, or whether a pending application for a confusingly similar mark has been filed, for related goods and/or services.
STEP 3: Check the status of any potentially conflicting application or registration through the Trademark Application and Registration Retrieval (TARR) system.
STEP 4: In light of all of the information above, re-assess whether it makes sense to seek registration. Please be aware that once you file your application, we do not cancel the filing or refund the fee.
STEP 5: If the mark you wish to register consists of stylized wording or a design, then first create a GIF or JPG image file of the mark.
And Now for the Good News
You don’t have to read those manuals and search those databases yourself.
The FileSlinger can do it for you.
All you have to do is provide the phrase or design you want to trademark and some information about your company, products, and services.
I can find out what you need to know, create the necessary image files which you’ll need to attach to your application—and compile all the information you need to fill out the first draft of the form.
And I can do most of it from home, so it doesn’t interrupt your time with your clients.
You could end up paying the USPTO $335 for nothing.
The USPTO does not want to make it easy for you. Before they will even look at your application, you have to hand over a $335 non-refundable fee per class in which you want to register the mark.
If they reject your application, they still keep your money.
What do I do with my search results?
For best results, have an attorney review your trademark application before you submit it. While I am familiar with the Trademark database and the application process, I am not qualified to give legal advice. What I do is research. For actually filing your application and dealing with any possible roadblocks or complications, I recommend SWATlawT attorney Sandy Shepard of Good Solutions.
Her trademark review service costs less than the USPTO filing fee—and it's worth every penny. Moreover, she can help with the inevitable Office Action after you file.
E-mail: sandy@goodsolutions.com
Phone (707) 333-6191
Fax (707) 248-2247
To learn more about FileSlinger™ Business Support Services, click on one of the titles below.
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