Dr. Adli answers question,What's the best way to lodge my own trademark application?

Dr. Adli answers question,What's the best way to lodge my own trademark application?

Q:  What's the best way to lodge my own trademark application? (given we don't have the income to hire a lawyer yet).  I realize hiring a lawyer is the best way to do this. I'm asking for help for the DIY method for this one. thanks in advance? I think it's pretty simple and I plan to copy wording from similar applications.

A: As with most legal issues and problems, hiring an attorney is usually the best way to deal with the situation.  With regard to trademarks, you can register your mark using self-help but making a mistake can result in rejection or delay of your application.  The U.S. Patent and Trademark Office’s website contains helpful guides, articles, and videos that can assist you in filing an adequate application.  Before you start, however, you will need to make sure that the mark you want to register is available.  After you have confirmed availability, you need to identify the proper class in which to register your mark, then you need to properly describe the products and/or services that should be covered by your mark.  Once you have filed your U.S. trademark, you will have six months during which you can apply for your mark in other countries and still get the benefit of the filing date of your U.S. application.   Also, keep in mind that your application may by subject to a rejection by the trademark examiner or various grounds, ranging from a typo to a rejection based on a “confusingly similar” mark.  Additionally, even after the USPTO allows an application, there is a period of time where others can object and show why the allowed application should not be allowed, for e.g., because a competitor has used but not registered the mark. 

Fara Kheradmand

consulting at a confections

8 年

Ge. Very informative.Thank You

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