More on Trademarks - Pre-Filing Issues
Trademarks -- Your registration will be only
as valuable as the professionalism of the attorney who handles the pre-filing
issues. Whether or not there are obvious conflicts is not the only serious pre-filing issue.
Trademark selection and protection
is rather counter-intuitive. Without pre-filing professional
input, you are making a significant investment in a trademark without knowing:
The extent to which the trademark is available and will be defensible. Is
the trademark confusingly similar to prior marks? Is registration a
possibility? Will the
registration provide the scope of protection that you assume will be yours?
The best registration format for your trademark. A registration can be
sought for a trademark in standard character form, stylized or in a logo.
Which is best for you and your trademark? Many, if not most, will fail to select the best format. Trademark
law is very counter-intuitive, and other issues are not considered.
Whether the way you use, or plan to use, the trademark is sufficient.
Trademark rights ultimately stem from commercial use. No one can "buy" a trademark. The way you use your trademark can make or
break the trademark rights you expect to have.
4. Whether you are filing into a pack of trouble. There are scams out there,
and some of the scammers use the USPTO and even the federal courts to accomplish
their scams. The ones I have seen will have cost thousands to get out of,
because their trademark use had started. A pre-filing search without
watching for unusual USPTO activity in the area can turn into a tragedy.
The best application format. A registration can be filed as a use-based or
intent-to-use application. The choice between one or the other is not as
obvious as it may appear. A belief that the trademark has been used can be
incorrect. Whether the kind of 'use' required has been realized should be
checked to confirm the conclusion is correct. If
it is wrong, even innocently, the whole registration process can be wasted.
And there may be advantages to using one format over the other when the option
Which products and/or services should be claimed. The registration process
can well become more costly if the issues of what is being sold now, and what might
be sold in
the future, are not considered before the registration application is filed.
Catching the problem areas before they become a
problem can be uncomplicated
if your registration is handled by a professional in a professional manner.
other topics -
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contact the firm
or call 312.419.8055