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Federal Trademark
Last update:
11/10/2005
 | Generally speaking, a trademark is a
symbol, word or combination thereof that serves to
identify the source or origin of the particular goods.
Similarly, a service mark is a symbol, word or combination
thereof that serves to identify the source or origin of
the particular services.
Perhaps the two most frequent reasons federal trademark
applications are rejected are if applicant’s mark is
merely descriptive or generic, or if the applicant’s mark
is confusingly similar to an existing mark. Knowing these
potential pitfalls in advance can help to steer the
trademark owner to select a mark having a greater change
of being registerable and usable.
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| A trademark search can be useful in
trying to predict whether an Examiner at the United States
Patent and Trademark Office (the “USPTO”) will assert that
an applicant’s mark is confusingly similar to an existing
mark. The USPTO web site, www.uspto.gov, has a database that
the public can use to conduct a preliminary search. I say
preliminary, because, if large advertising expenses and
marketing effort are anticipated in connection with a
particular mark, then it may be recommended that a person
authorize a private trademark search that is more
extensive that a search performed at the USPTO web site.
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| Brannen Law Office LLC charges a flat
fee to prepare and electronically file federal trademark
and service mark applications. It is impossible to
determine in advance whether a trademark application will
be allowable right away or alternatively if it will be
rejected. If an application is rejected, the applicant
will be able to respond to the rejection with arguments in
support of registration. If an application is rejected,
Brannen Law Office, LLC provides a firm estimate to
clients as to how much a response will cost prior to
beginning preparation of the response.
Alternatively, the conventional
hourly billing method is available.
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| Finally, after the mark is allowed and the
registration granted, the owner is
entitled to use the symbol
“®” adjacent the
mark. Periodic renewals are required to keep federal
registrations in force.
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