I Want to Apply for a Trademark/Servicemark



Once you have determined that a trademark or servicemark is really what you want, you must determine whether state or federal registration is appropriate.  State registration is more appropriate when you will only be using your trademark in one state. If you are engaging in inter-state or foreign commerce, federal registration is appropriate.  In State trademark registration can usually be accomplished at the Secretary of State's Office.  Our office can assist you with this process as well.  You MUST be using your trademark in order to register it with the Secretary of State.

Federal registration is accomplished through application to the United States Patent and Trademark Office.  There are two different types of applications: one for those who are currently using the trademark or service mark, and one for those who have a "bona-fide intent" to use the mark.  Both of these applications are examined by a trademark attorney in the USPTO and may be subject to objection, rejection and/or opposition.  When you apply for trademark or servicemark registration, you must identify the classes of goods/services to which you apply your mark. The primary purpose of a trademark or servicemark is to protect the consumer from confusion as to the source of the goods and services. The trademark attorney in the USPTO examining your application will take this into consideration when determining whether your application should be allowed.  The trademark attorney will search marks similar to yours before deciding whether or not to allow your application.  Eventually, your mark will be published for opposition in the Official Gazette.  During that time period, any other party who may lay claim to that mark has the right to oppose your application by a filing a petition in the USPTO.  Ultimately, before the USPTO will allow your trademark, you must be able to show them that you are using your trademark and the USPTO must approve the manner in which you are using your mark.







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These pages are for informational purposes only and are not intended, and should not be construed as, legal advice.