What is a Federal Trademark Application?
A federal trademark application can be filed in the U.S. Trademark Office for word, logo, and combination marks that are used to identify the source of goods and/or services in interstate commerce. A registered trademark provides nationwide notice of your use of the mark to identify your goods and/or services in commerce. State trademark registration is not offered by Trenner Law Firm, LLC, but may also be available for your mark. You may also be eligible for a state trademark application. Trenner Law can assist you with filing a Colorado State Trademark Application. Please contact a local attorney if you are interested in filing a state trademark application in another state.
How soon should I file a Trademark Application?
The U.S. Trademark Law is based on a “First-to-File” system – whoever files first will have rights to the invention. Therefore, if someone else files for the same or similar mark even a day before you, you could lose the ability to register your trademark nationally.
What happens after I file a Federal Trademark Application?
Your trademark application will be reviewed by an Examiner at the Trademark Office to ensure that it complies with the laws and regulations for registering your trademark. It is typically 3-9 months before your application is examined, although it may be examined sooner or later than this.
When will the Trademark Register?
After examination, the Trademark Examiner may issue an Office Action, requesting clarification, more information, and/or denying registration of your mark as being the same or confusingly similar to another trademark. You will have an opportunity to respond to any Office Action. If the Trademark Examiner allows your mark to register, your mark is published for Opposition. During the Opposition period, anyone who believes the y may be harmed by having your mark register may file an Opposition Proceeding requesting that the Trademark Office deny registration of your mark. If no oppositions are filed, your mark is registered following some processing steps