Trademark Process

Trademark Process

The process for a trademark usually follows this course:

  1. You give us the MARK and the proposed identification of the goods and services.
  2. We conduct a literal search on the USPTO, and some light Google searching and we prepare a report to you on the availability of the mark. If you have nationwide use and authorize a T&T (discussed below), we order a T&T Report and review the results, and then we report back to you on availability.
  3. If you decide to proceed, then it depends if the mark is “in use” or whether you merely have an intent to use the mark.  If the mark is “in use”, we need the information listed below.   If the mark is not in use, we do not need that below information, other than the graphic version of the mark if it is stylized, and the description of the goods and services

If the mark is in use, we need:

  1. the date (m/d/y) you first made any use of the mark (in its current form)
  2. the company that owns the mark and its full name, state of formation, address, phone, fax and email. If an individual owns the mark, we need that person’s name, address, phone, fax and email, as well as confirmation that they’re a US citizen.
  3. the date (m/d/y) you first sold your goods or services to a potential out-of-state buyer using the mark.
  4. If the mark is a logo or design mark (and not just words), we need a “picture” of the mark in electronic, format (we can accept AI, EPS, GIF, JPG, PNG, PSD and PDF). If the mark is not claiming color, the mark must be line art (black & white); if you are claiming color, then the color mark is OK. We will resize the image file, however, please provide the master image not less than 300 dpi, and not less than 300 pixels in height or width. Note that the symbol “TM” cannot appear on the drawing page. We can manipulate the file if need be to remove this.
  5. If the mark is for a product, we need product packaging or labeling or an instructional pamphlet bearing the mark. You can provide this in electronic, JPG format, as well if you wish (i.e. a picture of the box/packaging).
  6. If the mark is for a service, we need advertising materials which describe the services and bear the mark. You can provide this in electronic, JPG format, as well if you wish. If your services and the mark are represented on your website, you can just give us the address and I can get this “specimen” myself. Acceptable specimens may include newspaper and magazine advertisements, brochures, billboards, handbills, direct-mail leaflets, menus (for restaurants), and the like. However, printer’s proofs for advertisements, publicity releases to news media, or printed articles resulting from such releases, are not accepted because they do not show use of the mark by the applicant in the sale or advertising of the services. Business documents such as letterhead and invoices may be acceptable service mark specimens if they show the mark and refer to the relevant service.