Trademark Applications
A federal trademark application is more than an online form. Decisions about ownership, filing basis, the description of goods and services, the form of the mark, and evidence of use can affect both the application and the resulting registration.
Kellam Trademark Law helps businesses, founders, and brand owners prepare and file federal trademark applications with attention to both USPTO requirements and the client’s commercial goals.
Building the Right Filing Strategy
Before filing, the firm works with the client to identify what should be protected and who should own the application. That analysis may include the word mark, logo, slogan, product or service categories, current use, planned expansion, and any related business entities.
When appropriate, a clearance review should be completed before the application is filed. Filing an application does not resolve conflicts with earlier users or guarantee that the USPTO will approve the mark.
Application Services May Include
• Reviewing the proposed mark and available clearance information
• Confirming the appropriate applicant and ownership information
• Selecting the appropriate filing basis
• Identifying and drafting descriptions of goods and services
• Reviewing specimens or other evidence of use
• Preparing and filing the application
• Explaining USPTO correspondence and procedural next steps
• Addressing routine prosecution matters within the agreed engagement
What Happens After Filing
After filing, the USPTO assigns a serial number and eventually reviews the application. An examining attorney may approve it, request clarification, or issue an office action raising legal or procedural issues.
Kellam Trademark Law helps clients understand the examination process, evaluate correspondence from the USPTO, and determine what further action may be required. Processing time varies, and no attorney can guarantee registration or a particular timeline.
Frequently Asked Questions
Can I file before I begin using the mark?
An application may sometimes be filed based on a bona fide intent to use the mark. Additional filings and fees will generally be required before registration.
Who should own the application?
The applicant must be the person or entity that owns or is entitled to use the mark. Ownership should be evaluated carefully before filing because certain errors may not be easily correctable.
Does forming an LLC protect the name as a trademark?
No. State entity formation and federal trademark registration serve different purposes. Forming an entity does not establish that the name is legally available as a trademark.
Prepare an Application with Your Long-Term Business in Mind
Kellam Trademark Law can help you evaluate the filing strategy and prepare a federal trademark application.
