How Do I File A Trademark Application?

 

Do I Need A Trademark Lawyer?

Most business owners ask themselves do I need a trademark attorney to file a trademark application? Having a trademark attorney on your product or service branding team is key to success.  A trademark lawyer can spot potential pitfalls and help you navigate the complex application and follow-up process with the USPTO. 

While anyone can file a trademark application with the USPTO, there are intricacies to:

  • determining the strength of your trademark;
  • reviewing how other people might be using the same or similar trademark; and
  • appropriately answering the questions on the trademark application.

The job of a trademark attorney is to guide you in selecting a strong trademark; help you in navigating the application process; counseling you in your options if your trademark application is refused (office action issued); and preparing you for what happens after you secure a registration.

How Can I Educate Myself On The Trademark Process?

You can prepare and file a federal trademark application online with the U.S. Patent and Trademark Office.  Here's a link to the USPTO website.   Another great resource from the Trademark Office is the Trademark Basic Facts for small business owners.

Follow this link for more Trademark Basics from Texas Trademark Lawyer Tamera Bennett.

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Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com
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Entertainment Law Update Podcast - Episodes 48 and 49