A trademark application is a document filed with the United States Patent and Trademark Office (“USPTO”) for the purpose of seeking federal registration of a trademark. Although you are not required to hire a trademark attorney to represent you in filing a trademark application, it is strongly recommended that you work with a trademark attorney to ensure that your application is properly prepared, submitted, and monitored. Unfortunately, even minor errors or omissions can cause significant problems in obtaining a trademark registration and may even lead to a loss of trademark rights in subsequent litigation (not to mention the government filing fee). In addition, a trademark attorney can advise you as to whether it is in your best interest to file a trademark application in the first place.
The USPTO provides six different trademark application forms on its website. Two of the forms are used to apply to register a trademark on the Principal Register, one is used to seek registration of a trademark on the Supplemental Register, and the other three forms are used to register certification marks, collective membership marks, and collective trademarks. It is imperative that you correctly identify the type of mark you wish to register and then choose the proper application form. Because registration of a trademark on the Principal Register is the most common application made with the USPTO, this article will focus exclusively on that type of application.
The first section of the trademark application asks for relatively straightforward information, including the name, address, telephone number and email address of the applicant (i.e. the owner of the trademark). The applicant may be an individual, corporation, limited liability company, partnership, or other legal entity. A trademark application is considered null and void if anyone other than the owner of the trademark is named as the applicant.
The second section of the trademark application requires that you enter the trademark you want to register. Traditionally, a trademark consists of words, a logo, or a combination of the two. However, you can apply to register trade dress, sounds, colors, and other types of non-traditional trademarks as well. This section also gives you the opportunity to enter a statement into the application form concerning the trademark itself. Some of these statements are legally required to be submitted before your application will be approved by the USPTO.
Next, you must list the specific products/services for which you want your trademark registered and choose the appropriate filing basis for the application. Depending on the particular filing basis, you may be required to enter additional information, such as the date on which the applicant started using the trademark and a specimen showing such use in commerce.
In the final section of the trademark application, you must supply the contact information of the person with whom the USPTO should correspond regarding the application. The applicant (or its authorized representative) must then electronically sign the application and file it along with the appropriate fee using a credit/debit card. Once submitted, you will receive an email confirmation containing a copy of the trademark application and its assigned serial number. It will likely be approximately 3-4 months before a trademark examining attorney will review your application.
I think your next posting should be titled “What is a Trademark Attorney?”