Selecting a mark is the very first step in the overall application/registration process. This must be done with thought and care, because not every mark is registrable with the USPTO. Nor is every mark legally protectable. That is, some marks may not be capable of serving as the basis for a legal claim by the owner seeking to stop others from using a similar mark on related goods or services.
The trademark registration process is a legal proceeding that requires you to act within strict deadlines. A trademark is generally a word, phrase, symbol, or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others. A trademark typically protects brand names and logos used on goods and services. A registered trademark used with the product or services associates you as the source of goods or services and can be renewed to extend beyond patent protection.
We recommend you file a trademark about 6 months before the time of the product launch, helps protect the name used in the marketing efforts and identifies you as the source of the product. Your continued effort to sell and market the product during the patent prosecution, using an identifiable trademark, works to secure your competitive position in the mind of the customer regardless of the disposition of the patent application. This connection in the customer’s mind, by the trademark linking you as the source of the product, builds goodwill that can survive the patent disposition and expand to related products as well.
When you work with Attorney Palmatier on your trademark, you will quickly learn that it is a process that goes much more smoothly with assistance. Together you will choose the correct trademark that represents your intellectual property.
When you are ready to apply for a trademark, Applied Patent Services will get the process moving.