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Secure Your Registered Trademark in 4 Easy Steps

1

TRADEMARK SUBMISSION

When submitting a Federal Trademark Application, the USPTO requires two sets of information: Administrative information about the trademark applicant and descriptive information about the trademark itself. Cohn Legal, PLLC has developed an easy and straightforward workflow to help you quickly and efficiently organize your filing information so we can proceed with the filing process seamlessly.

To help you prepare for your filing, please begin to gather the following information: Name of the trademark applicant (either a business entity or individual), Address of the applicant, State the business entity was incorporated and/or the Country of Citizenship of the applicant, and an email address to have on file. The information required concerning the trademark itself consists off the type of trademark (name, logo, slogan), the description of the trademark, the products/services sold under the banner of the trademark, and the extent to which (if any) the trademark has already been used in conjunction with the sale of products/services listed in the application in interstate commerce. We help you understand the nuances of each part of this application submission process and help you obtain the broadest protection for your trademarks available.

2

USPTO TRADEMARK SEARCH

The importance of a professional trademark search cannot be overstated. Trademark law is principally concerned with the question Likelihood of Confusion: does the newly appearing mark bare such a similarity to an existing trademark, given the products/services each respective mark covers, so that a consumer might be confused as to the owner of each trademark? If the answer to this question is yes, your mark will be rejected and may very well constitute trademark infringement.

Remember, this analysis considers not only the similarly of the marks but also the products/services listed under the marks. For this reason, two companies in entirely different industries have the right to use the same exact trademark to brand their disparate services. Our trademark attorneys will consider multiple appearance/sound/spelling variations of your mark to determine your mark’s availability.

3

NAVIGATING THE USPTO EXAMINATION PROCESS

Once our attorneys review your submission and run the trademark search, the next step is to file the application and wait for the USPTO to assign an examining attorney. Filing the trademark application correctly is critical in avoiding a costly rejection, or Office Action, from the USPTO. Once we file the application, we will provide you with our trademark reporting letter which contains both the date the application was submitted and the trademark application’s serial number.

Upon receipt, the examining attorney will vet both the procedural aspects of the application (business entity of applicant, description of the products/services etc.) and the substantive aspects of the application (is the mark too similar to an existing trademark, is this present mark merely descriptive of the products sold etc.) and decide and decide whether to allow the application through or reject the application with an Office Action. In the event that the examining attorney does in fact issue an Office Action, the applicant must respond to it within 6 months of receipt or the application will be canceled and “abandoned”. Our trademark attorneys will assist you in evaluating the trademark office action and drafting a professional response. Once the trademark is finally preliminarily accepted by the USPTO, it is published to the Official Gazette for a 30 day period where an opposing party can make the claim that the issuance of your trademark would be detrimental to their own trademark. If no one opposes your mark, you are on to the next and final step of the trademark registration process.

4

FEDERAL REGISTRATION CERTIFICATE

The glorious moment of trademark registration is upon us. Assuming your trademark passed the USPTO’s examination process and the mark was not opposed during the 30 days it was published to the Official Gazette, you are set to receive your official registration certificate from the USPTO. This registration certificate formally recognizes that through the entire US, you are the sole party with the right to use the trademark in conjunction with the sale of your products/services.

To help you prepare for your filing, please begin to gather the following information: Name of the trademark

Search and File a Trademark Application

➢ USPTO Trademark Search in Database

➢ Consultation with a Trademark Attorney

➢ Preparation of Trademark Application

➢ Draft of Trademark Application for client review

➢ Submission of Trademark Application

➢ Electronic Trademark Registration Certificate

TOTAL PRICE: $650

(+ Gov. Filing Fee of $350.00/Class)
Start your TM Registration