Trademark Application Archives

3 Potential Pitfalls of the “Intent-to-Use” Trademark Application

Blindfolded african businesswoman walking to cliff edge

{5 minutes to read} When you file a trademark application in the US, you must include a basis for the filing. Two of the more popular bases are (1) current use in commerce; and (2) an “intent to use” the mark in commerce in the future. The “intent to use” (ITU) application can be an important tool for protecting a company’s intellectual property. Oftentimes a company develops the name of a product or service well before it’s ready to launch...

When Search Results Go Stale

By Kelly Weiner

Studio photo of a hourglass on reflective table

{2 minutes to read} When selecting a new name for a business, product, or service, one of the first steps should be a trademark availability search to look for potentially “confusingly similar” trademarks that could block the registration of your trademark. Ideally, the next step would be to file a trademark application with the US Patent and Trademark Office (PTO) to preserve your rights to the name. If you allow too much time to pass between conducting the search and...

Your Trademark Application Has Been Rejected: Now What?

By Kelly Weiner

{3:00 minutes to read} Approximately four to five months after you file a trademark application, an examining attorney for the US Patent and Trademark Office (PTO) will review the application to make sure it conforms to the PTO standards and that the mark you're applying for is eligible for registration. If there are any problems with the application, the examining attorney will issue an Office Action. Trademark owners then have six months to respond to that Office Action. If no...

When I File My Trademark Application, Should I Include My Logo?

By Kelly Weiner

{4:00 minutes to read} Like most answers to legal questions, the answer to this article’s title is, it depends. Filing separate applications to cover each element of your branding, which can include words, slogans, design elements, stylization, even product design, and color, would provide you the strongest legal protection. However, not every company has the financial resources to do this. If you have a tight legal budget, are a newly formed business, or a business that often refreshes its branding...