Trademark Application
 
Meredith & Keyhani, PLLC files and maintains hundreds of trademarks. We understand the importance of proper filings and make effort to ensure that your trademark is properly filed and maintained.
 
In every trademark application, the applicant must specify how the mark is being used. For trademarks, the description of use describes the goods the trademark is being used in connection with. For servicemarks, the description would describe the service being provided. Our team of experienced trademark attorneys are adept at using broad descriptions to provide broad protection. Also, dates of first use or a statement of a bona fide intent to use must be properly claimed.
 
Once the description of the goods or services is provided, and the dates of first use are determined, we file your trademark with the United States Patent and Trademark Office (USPTO). The USPTO is responsible for the federal registration of trademarks. The USPTO reviews the application to determine if it meets the minimum requirements for receiving a filing date. If the application meets the filing requirements, the PTO assigns it a serial number and sends a filing receipt to applicant or attorney of record. If the minimum filing requirements are not met, the entire mailing is returned to the applicant. The date of filing can be very important in establishing that you are the first to use a trademark. As such, it is important that the trademark be properly filed.
 
After filing, an examining attorney at the USPTO reviews the trademark application and determines whether the mark may be registered. If the examining attorney determines that the mark cannot be registered, the examining attorney will issue a letter listing the grounds for refusal. This is known as an "office action." The examining attorney may also contact the applicant or attorney of record by telephone if only minor corrections are required. The office action must be responded to within six (6) months or the application will be abandoned. Common grounds for rejection may be a likelihood of confusion with other marks, surnames and descriptiveness. A mark may be rejected for other reasons as well.
 
If the examining attorney determines that there are no objections, or if the applicant overcomes all objections, the examining attorney will approve the mark for publication. The trademark is then published for Opposition. During the publication period, any party who believes it may be damages by the registration of the mark may file an opposition to the marks registration. An opposition is similar to litigation in the federal courts, but is held before the Trademark Trial and Appeal Board. If the mark is not opposed, it is allowed and a Certificate of Registration mailed to the application or their attorney.
 
If the mark was published based up the applicant's statement of having a bona fide intention to use the mark in commerce, the applicant then has six months from the date of the notice of allowance to either (1) use the mark in commerce and submit a statement of use, or (2) request a six month extension of time to file a statement of use.