Businesses, organizations and individuals should realize that filing a trademark application is a complex legal process, it has been claimed.
The US Patent & Trademark Office (USPTO) suggests that parties may wish to seek specialist support when they begin proceedings.
According to the body, the majority of applicants hire an attorney who specializes in trademark matters to represent them in the application process and provide legal advice.
“A private trademark attorney can help you before, during, and after the trademark application process, including policing and enforcing any trademark registration that may issue,” the USPTO stated.
This is not a requirement of trademark applicants, but taking such a step may save parties from future costly legal problems, it added.
Trademark specialists – such as CSC – can conduct a comprehensive search of federal registrations, state registrations, and common law unregistered trademarks before an application is filed.
USPTO explained that comprehensive searches are “important” because other trademark owners may have protected legal rights in trademarks similar to yours that are not federally registered.
“Therefore, those trademarks will not appear in the USPTO’s Trademark Electronic Search System database but could still ultimately prevent your use of your mark,” the office explained.
“In addition, trademark lawyers can help you during the application process with several things that could seriously impact your trademark rights, such as determining the best way to describe your goods and services and preparing responses to refusals to register that an examining attorney may issue.”