Registering a Trademark Before It Is Being Used

Trademark registration is a key aspect of safeguarding your brand identity but the process of registering a trademark can be surprisingly complicated. It is also important to conduct thorough research beforehand to confirm the originality of the trademark and avoid potential infringement claims.

Trademark registration used to only be possible if the mark was already being used in commerce. However, you can now acquire rights to a mark even if it is not yet being utilized commercially. A trademark registration attorney could provide invaluable guidance throughout the research and registration process, helping to streamline these matters while protecting the best interests of your brand and business.

Understanding the Trademark Registration Process

Once an individual or business owner decides to register a trademark, they must determine if they want to do so at the state or federal level. While registering a trademark at the federal level is more complicated, doing so offers greater advantages to the source of the mark because it is protected nationwide.

When registering a domain name, sign, symbol, expression, design, or other identifiable work that can be protected by trademark laws, you must ensure that someone else has not already registered the mark. An attorney can help with a comprehensive trademark search on both the state and federal level.

Having experienced legal assistance would ensure that all information is included in the application and no key documentation is missing. Applications need to include details about the individual and their business, the services or products the trademark is designed to protect, a description, and samples that would show how the trademark will be used.

Registering a Trademark Before It Is Being Used

Individuals registering a trademark on the federal level with the United States Patent and Trademark Office (USPTO) can do so before the trademark is being formally used in business. If an applicant decides to register a mark that has not been used in business yet but will be in the future, then they must submit an Intent-to-Use application to the USPTO.

The Intent-to-Use application is reviewed by an examining attorney at the USPTO. Once the attorney determines that the trademark can be registered, it is published in the Official Gazette of the USPTO for 30 days, during which time any individual or business who wishes to oppose the registration of the mark can do so.

If the mark stands unopposed, the applicant needs to submit a Statement of Use to show that the trademark has been used in commerce for the goods or services that were previously cited in the trademark application. If the applicant has not yet used the trademark commercially, they can file a request for extension. The registration of the trademark occurs once it is proven that the mark is in commercial use.

Dealing with correspondence and procedures from the USPTO can be daunting. An attorney that is deeply familiar with the steps involved can ensure that nothing slips through the cracks.

Register Your Trademark Before It is Officially in Use

If you have questions about registering a trademark before it is being used, an intellectual property attorney could assist you. Before you introduce your trademark to the market, it is wise to consult with a lawyer who is well-versed in both state and federal trademark matters.

We could ensure that you are not infringing on anyone else’s mark, prepare and file the necessary applications, and handle all key steps of the trademark registration process. Contact our firm today for more information about how we can serve your business and legal needs.