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Yiwu Mode E-Commerce Co Ltd v. The P'ships, et al. 1:24-cv-00683 (NDIL)

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Navigating The Trademark Application Journey

The trademark application process is not merely a legal formality; it’s a strategic branding decision. It involves choosing the specific word, symbol, tone, smell or other source identifier to associate your goods and services with your brand identity. Our attorneys at AU LLC can help you along the way to ensure your trademark application does not miss any steps.

Unraveling The Complexity Of Trademark Prosecution

Prosecuting trademark applications before the USPTO is generally more or less complicated depending on the mark for which trademark protection (i.e., a registration) is being sought. Common pitfalls in the trademark application process include:

  • Forgetting that you are applying for a registration. Unlike filing registrations with the U.S. Copyright Office, you must apply for the right to obtain a federal registration by demonstrating to the USPTO that your mark and its use(s) meet statutory requirements. Getting a federal trademark registration is not simply a matter of paying the filing fee(s).
  • Making the mark too descriptive. Applicants tend to (initially) brand their goods and services with words describing what the goods and services are. Avoid doing this and remember: the more arbitrary and fanciful (i.e., invented), the better.
  • Not conducting a thorough clearance search. A search can start with Google, but it must involve scouring the USPTO’s Trademark Electronic Search System (TESS) and should involve an investigation into relevant state business registries. The TESS system is quite antiquated compared to a search engine such as Google, and efficient TESS utilization requires some practice. You can either do this before filing the application or wait for the USPTO examiner to do so with potentially prejudicial results.

These mistakes illustrate a basic trademark application process that omits appeal and opposition procedures.

Ready to Make Your Mark? Contact Us Today!

Are you embarking on the trademark application process? Contact us for comprehensive information about the journey, our services and associated fees. Let’s build a strong foundation for your brand together. Call 312-900-9426 or complete our online form to make an appointment.