You take great pride in the quality associated with your brand. It is more than just a tag or label in the marketplace; it carries intangible weight and value, it conveys a clear sense of purpose, and it is infused by your dedicated craftsmanship. Let us help you maintain the identity of your brand and preserve what you've worked so hard to create.
What is protectable as a trademark?
A well prepared federal trademark application, if allowed for registration by the United States Patent and Trademark Office (USPTO), may prevent another from using the same or a confusingly similar mark for the claimed goods and services. Generally speaking, federal trademark protection extend to the protection of brand names, logos, slogans, product packaging, or other source identifiers of a product or service, and may offer protection for as long as the registered trademark is continuously being used in commerce.
Trademark protection in the US begins with "actual use in commerce" and follows a "first-to-use" system. While some degree of protection is automatically accorded by actual use in commerce, federal registration is always beneficial. Similarly, while an application can be filed with a "bona fide intent to use" the mark in commerce, actual use is required prior to the USPTO allowing a registration. This is in contrast with foreign jurisdictions, many of which follow a "first-to-file" system, wherein the first party to the trademark office wins. This is a key difference to be mindful of if you are seeking broader international protection, and you will want to let your attorney know at the outset.
Our general trademark process for application and assessment of a mark for use or protection in the US is typically as follows:
- Consider preliminary research to assess the usability and registrability of your company or product name, logo, and/or slogan.
- Consider filing federal and/or state trademark application(s), if warranted, following the preliminary research.