Cautionary Tales of Filing Your Own Trademark Application

As Trademark Attorneys, precision and attention to detail are essential in preparing successful Trademark Applications. From identifying the correct Trademark International Classes to the inclusion or omission of a period or a space, we are highly trained and experienced to interpret what the client desires to use in commerce in the drafting of a Trademark Application that has the greatest chance of being approved, passed to publication, and will result in an appropriate declaration of rights. 

What it Means to Receive a Rejection Letter from the U.S. Patent and Trademark Office

We recently received an urgent phone call from a busy restaurateur harried with the imminent opening of a retail shop, tasting room, and bistro in the Bay Area of Northern California. She had applied on her own for a Trademark for her business and received, as so often happens, a Rejection Letter from the United States Patent and Trademark Office Examining the Attorney rejecting her Trademark Application. Concerned that her attempt to save some money by filing her own Trademark Application was going to jeopardize her Grand Opening and compromise her right to use the name that she had invested a lot of money in promoting, she reached out to Hankin Patent Law, APC for help. 

She came to Hankin Patent Law, APC and hired us to determine what had gone wrong with her Trademark Application and what was needed to be done to fix the problem(s) so that she could focus on the more pressing matters involved in opening her business. Her panic and fear were quickly allayed by Marc E. Hankin, Managing Partner as he assured her the firm can step in immediately and determine the best course of action. 

Why You Might Receive a Rejection Letter for Your Trademark Application

A review of the Rejection Letter issued by the USPTO Trademark Examining Attorney revealed that our Client had filed her Trademark Application as an Intent to Use instead of an actual use Application, and she filed it in the wrong International Classes. Our law firm sprang into action, and within days of her hiring us, we had three brand new, correctly worded, Trademark Applications on file in the correct International Classes, with the correct (and much broader) descriptors. The restaurateur was able to conclude her plans for her upcoming launch and she repeatedly expressed her gratitude for our prompt and effective response and assistance. 

Hiring a Trademark Attorney as a Preventative Measure

We understand the urgency faced by entrepreneurs as they attempt to manage all the operations involved in launching a business, and often on a limited budget. The cautionary tale to filing one’s own Trademark Application is: that while it might save some money in the short run, the savings will evaporate in both time and money eventually if the procedures are not followed to the specifications of the United States Patent and Trademark Office. As a small firm focusing only on patents, trademarks, and copyrights we can react swiftly to assume the burden from our clients so they may focus on the activities they do best and ensure the Intellectual Property component is reasonably protected.

Contact an Experienced Trademark Attorney at Hankin Patent Law, APC

We provide anywhere from a quick search of existing trademarks to a detailed analysis of potential trademarks for which you might seek protection, depending on the client’s unique situation. The search results may indicate the likelihood of registering the desired trademark, or they may also suggest if an altered or different trademark should be filed instead. Making this determination before extensive marketing efforts is crucial. 

No law firm can guarantee the success of an application, but our trademark attorneys can make the process simple, make sure all the necessary steps are taken, and improve your chances of registering your trademark with the USPTO.

The USPTO may issue an Office Action on a Trademark Application prior to rejection. For the best chance to overcome issues raised in an Office Action, consult Hankin Patent Law, APC. We will review your options and prepare a Response. 

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