TRADEMARK REGISTRATION AND PROTECTION
Prospective suppliers should ensure that
prior to engaging in distribution or marketing efforts that
safeguards are taken to protect the brand name and trade dress
of the product in question.
Buchman Law Firm, LLP provides search of USP&TO
database to help avoid trademark issues and to help ascertain
whether a brand name is available for use and registration.
For more information on the registration of a trademark, see
Frequently Asked Questions below or contact Paulette R. Carey.
FEDERAL TRADEMARK QUESTIONS AND RESPONSES
Q. Do I need to register my trademark?
A. Common law rights are acquired as soon as a trademark is
used in interstate commerce. However, registering the name
with the US Trademark Office obtains several legal advantages
which are not available to a common law trademark which is
Q. Can I reserve a trademark even though I am not using it
A. It is possible to file an application based upon an intent
to use the mark. The registration will not issue until the
trademark is actually used; however, once the registration
issues, priority reaches back to the date the application was
Q. If I file on the basis of intent to use, how soon do I
have to actually begin using the name?
A. A Statement of Use does not have to be filed until three
(3) years after the examination process is completed and the
Trademark Office issues a Notice of Allowance.
Q. What is involved in filing a trademark application?
A. The first step is to conduct a search to determine whether
anyone else is already using the same or similar name. A complete
search must be conducted of both registered and common law
trademarks. If the trademark is available, an application is
filed with the Trademark Office. The application is assigned
to an examiner who determines whether the trademark is registrable.
After the examiner approves the application, the mark is published
for opposition. If no third party objects within thirty (30)
days of the publication date, the registration (or Notice of
Allowance) will issue.
Q. How much does it cost to file an application?
A. As of January 1, 2003, the official filing fee is $335;
however the costs of searching a trademark and responding to
any questions by the trademark examiner will result in an overall
cost of approximately $1,000-$1,500.
Q. How long does the application process take?
A. Assuming that there are no special proceedings, a registration
should issue twelve to fourteen months after the application
Q. How long will my trademark registration last?
A.. A trademark registration has an indefinite life span and
may be renewed every ten years for as long as the trademark
is in use.
For further information about trademarks, contact Paulette
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