Prior to launching a new business or product, be sure the name and/or logo does not conflict with any existing names or logos in the same or similar space. A brief and relatively inexpensive review can save a lot of money later if another business claims your name or logo is infringing theirs. Likewise, submitting a Trademark Application for a name or logo will allow you to enforce your name or logo should someone infringe at a later time.
A trademark applies to a name, logo, or distinctive characteristic. Trademark rights come through use so the timing of, applying for and using a trademark in commerce is critical to the strength of the trademark.
We make the trademark process simple for our clients. Once you have decided on a trademark, our client completes a Trademark Questionnaire. Included in the Questionnaire is the decision of the class or classes in which to file a trademark. Then we conduct a basic search for any potentially conflicting trademarks and provide you a brief report. (For more detailed searches we may suggest a Freedom to Use Analysis, but in most cases, a basic search will suffice. ) Once the questionnaire has been reviewed, we provide our clients with final approval, and the Trademark Application is filed. The Trademark Application is filed either as an Actual Use mark or as an Intent to Use mark. An Intent to Use application means the mark is not yet used in commerce and the applicant must prove use within a set period of time to obtain the registration.
Acquiring a trademark is just the first step. The USPTO requires periodic maintenance fees throughout the life of the trademark. Hankin Patent Law provides reminders and prepares the payment for these fees. For multiple trademarks, we manage a Status Chart consisting of your intellectual property. Interested in filing a trademark in another country? We can assist you with that as well.
To determine if you should apply for a trademark, contact Hankin Patent Law.