What to Know Before Sending in Your Trademark Application
What to Know Before Sending in Your Trademark Application
Start at the Beginning
Trademark protection is, unfortunately, something that business owners only tend to think about after the fact. This rarely works out well for anyone. It’s true that there are no official rules on when to file for trademark protection. However, you’ll have the best chance for success if you can keep your desired trademarks in mind from the start. It’s arguably as important when it comes to branding as your business’s name and logo. Here’s what to know before sending in your trademark application.
How to Select the Right Trademark for Your Brand
When deciding on the name for your business, take care not to choose one that might be too similar to an already existing trademark. If it is, you run the risk of having your trademark application denied or worse – the other trademark owner could sue you and force your business to go by a different name. This isn’t just a matter of avoiding a costly and exhausting legal process. Your brand and your name are in many ways one and the same and changing mid-course could mean losing any goodwill or publicity gained. A trademark search can spare you from a lot of grief down the line.
If you need help thinking of a strong, unique name for your trademark, take a look at our blog on the subject here.
Register Before Use
Again, timing is important when sending in your trademark application. The United States Patent and Trademark Office (USPTO) requires a business to already be using a trademark before granting trademark rights. But there is a way to obtain the right to use a trademark in the future. Simply select “intent to use” instead of “use in commerce” when applying. This is for businesses that, while they may not be using their trademark yet, want to reserve it for use later on. It also helps to protect against any other businesses that may try to register similar trademarks while you are still getting your affairs in order.
To learn more about the trademark registration process, click on over to our blog here.
But Is It Right for You?
It is not always necessary to register your trademark. Unregistered marks are known as “Common Law Trademarks” and provide some protections for business owners. You can also register through the State of Florida for statewide coverage. However, these protections are not as comprehensive as those gained by going through the USPTO. In addition to covering the entirety of the United States, a federally registered trademark gives you the option to file trademark infringement lawsuits in federal court, to register with U.S. Customs and Border Protection to block any infringing goods and to expand your markets through foreign registration.
Unfortunately, protecting your intellectual property doesn’t stop with your trademark application. You’ll need to be proactive about looking for violations. Learn more about protecting your work after registration here.
FL Patel Law PLLC is experienced in every aspect of trademark registration and protection. Whether you’re looking for assistance with your trademark application, performing a trademark clearance search, registering a trademark, or responding to a USPTO Office Action, you don’t have to go it alone. Contact us today.
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