How do I protect my brand? It seems like a simple question, but it doesn't always have a simple answer. One route of protection is through a trademark registration. The U.S. federal trademark application process can be confusing. Here are a few things the U.S. Patent and Trademark Office believes all applicants need to know before they get started.
The Trademark Application Process is a Legal Proceeding
- You may file a trademark application without an attorney. But, if you want legal advice you should consider an attorney that practices trademark law.
- Foreign attorneys and non-attorneys who work for trademark filing companies are not permitted to advise you, help you fill out a form, sign documents for you, or take actions on your application for you.
- Hiring someone who is not allowed by the USPTO’s rules to represent you can delay your application and jeopardize its validity.
- You sign a trademark application under "oath." When you sign the application you are saying, "I swear what I state is true."
Your Trademark Application Must Meet Numerous Legal Requirements/Hurdles
- Is your trademark federally registrable?
- Can you properly identify your goods or services?
- Can you identify the proper filing basis for your application?
- Has your trademark been used in interstate commerce?
- Who is the actual owner of the trademark?
More answers to your questions can be found on Texas trademark attorney Tamera Bennett's website here.