Get Started – Register a Federal Trademark
A federal trademark registration is a form of intellectual property protection in the United States that is granted by the United States Patent and Trademark Office (USPTO). A federal trademark registration gives the owner exclusive rights to use a particular trademark in connection with the goods or services specified in the registration, throughout the entire United States.
By registering a trademark, the owner can take legal action against others who use the same or a similar mark, causing confusion among consumers as to the source of the goods or services. Federal trademark registration also provides a number of other benefits, including the right to use the ® symbol, the ability to record the trademark with U.S. Customs and Border Protection to prevent importation of infringing goods, and the ability to file a trademark infringement lawsuit in federal court.
What Are A Few Benefits of Owning A Federal Trademark Registration?
The benefits of owning a federal trademark registration on the Principal Register issued by the United States Patent and Trademark Office (USPTO) include:
Is A Comprehensive Trademark Search Necessary?
Yes, it is highly recommended to conduct a comprehensive trademark search before applying for a federal trademark with the USPTO. A trademark search helps to determine whether the proposed trademark is available for use and registration, and whether it is likely to infringe on any pending or registered trademarks.
Conducting a comprehensive trademark search can help to avoid the costly and time-consuming process of applying for a trademark that is already in use or that is similar to an existing trademark. It can also help to avoid the risk of infringing on another party’s rights and facing a trademark infringement lawsuit.
A comprehensive trademark search typically includes a search of the USPTO database, as well as searches of other relevant databases and resources, such as common law trademark databases, state trademark databases, and online databases. The search should be as comprehensive as possible, taking into account the specific goods or services that the trademark will be used in connection with, as well as the specific form or design of the trademark.
If you a looking for assistance with conducting a comprehensive trademark search, out trademark attorneys can assist. Filling out our online contact form only takes a few seconds, and once submitted, we will respond within one business day.
Which USPTO Trademark Application Should Be Filed?
The USPTO offers two types of trademark applications: Intent to Use (ITU) and Actual Use (AU).
An Intent to Use (ITU) trademark application is filed when the applicant has a bona fide intention to use the trademark in commerce, but has not yet started using it. An ITU trademark application provides the applicant with a priority filing date, which can be important in cases where there is a likelihood of confusion with another party’s trademark.
An Actual Use trademark application is filed when the applicant is already using the trademark in commerce. An Actual Use application provides evidence of the use of the trademark, which can be important in establishing the validity of the trademark and the registrant’s exclusive right to use the trademark in connection with the specified goods or services.
Both types of applications undergo a review process by the USPTO to determine whether the trademark is eligible for registration. However, an ITU application cannot mature into a registration until the applicant provides evidence of actual use of the trademark in commerce. Once the applicant has used the trademark in commerce, they can file a Declaration of Use and Amendment to Allege Use, which will change the application from an ITU to an Actual Use application.
It is important to note that there is a time limit for filing the Declaration of Use, and if the applicant fails to file the Declaration within the required time frame, the application may be deemed abandoned.
Is Hiring A Trademark Attorney Necessary?
While it is not legally required to engage a trademark attorney to register a federal trademark with the USPTO, it is highly recommended. Our experienced trademark attorneys can provide valuable guidance and support throughout the trademark registration process, from conducting a comprehensive trademark search to determine the availability of the trademark, to preparing and filing the trademark application, to responding to any objections or challenges that may arise during the review process, and can represent you in any legal disputes or opposition proceedings.
Furthermore, our trademark attorneys can help you to navigate the complex and sometimes confusing legal requirements for trademark registration, and can help you to ensure that your application is complete and meets all of the necessary legal requirements. We can also help you to properly maintain your trademark registration, which is an ongoing process that requires ongoing monitoring and enforcement.
In short, engaging our trademark attorneys can help you to ensure that your trademark application is properly prepared, that it meets all of the legal requirements, and that you receive the full benefits of trademark protection. While it may cost more upfront to engage us, it can often save you time and money in the long run because we can help you avoid costly mistakes and ensuring that your trademark application is successful.
