Standard Trademark Registration Pre-Filing Assessment
The Firm's corporate trademark registration filing
program for word marks (brand names), logos and composites
includes a pre-filing assessment that looks at:
1. How the mark is (or will be) used? Is the trademark displayed on the products and/or the packaging? Is the
service mark displayed on promotional material for services?
2. Should the
manner of use be upgraded?
trademark symbol, or the SM
service mark symbol, displayed after the mark? Are the words of a word
mark distinguished from neighboring text by font style and/or font size?
Is sufficient and consistent repetition seen?
3. Should the
manner of use be corrected? Is there confusion between the trademark
and the trade name? Is a wrong symbol being used?
4. When and where has the mark been used (or
will be used)? Has there been actual commercial use of the mark, and
if not, when is use expected to commence? Where has the mark been used,
and if insufficient for federal registration, what use expansion is expected?
products/services are to be claimed? What are the products/services
on which the mark is, or will be, used? How many International
Classes do the products/services fall? Is an ITU application advisable
to capture protection ahead of use? Is a cost-efficiency narrowing of
the protection a possibility?
6. How should
the mark be presented for registration? Is a standard character
claim available? Are the words divisible from graphic elements with
which it is used? Should more than one registration application be
7. Is the mark available? Are there
conflicting federal registrations or pending registration applications?
Are there conflicting marks or usages seen in the marketplace?
8. Is the
mark protectible? Is the mark descriptive of the product/service, or
components thereof, or attributes thereof, and if so, to what degree? Is
the mark prohibitively misdescriptive? Are there generic or descriptive
usages of the mark in the marketplace. Is there any other reason the
mark is incapable of functioning as a trademark?
Don't Fly Blindly - It's Your
Trademark - Handle with Care
other topics -
registration process outline,
details & costs,
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