TRADEMARK SEARCHES AND TRADEMARK APPLICATIONS
To prepare trademark searches or trademark applications, we will need the following information concerning the trademark or service mark for which trademark registration is desired:
(1) The form in which the trademark or service mark is to be registered, i.e. block letters (block letters cover use of the mark with any typestyle or design), with special typestyle, or with associated design (logo) — block letters comprise the most common form, and usually are preferable;
(2) The name and state of organization or citizenship of the corporation, partnership or individual desiring to register the trademark or service mark, together with the name and title of an officer authorized to sign the trademark application (if a partnership, also provide the names of all general partners);
(3) A description of the goods or services in connection with which the mark is used (“use” meaning employing the mark in connection with actual sales of the goods or services) or is intended to be used;
(4) If the mark has been used, the date of first use anywhere in the world, whether local, interstate or international;
(5) If the mark has been used in federally regulated commerce in the normal course of business, the first date of such use;
(6) If the mark has been used, then one or two specimens of the mark as actually used. A service mark is a type of trademark that is used in connection with intangible services (for example, accounting services). Acceptable specimens for service mark registration are newspaper or magazine advertisements, brochures, photographs of billboards or business signs, handbills, web site printouts, letterheads or business cards which have content that identifies the service, or similar advertising material. A traditional trademark is a mark that is used on physical products (for example, raincoats). Advertisements are not acceptable specimens for product trademarks. For product trademark registrations, the PTO wants to see specimens of the mark as it is affixed to the goods or to containers for the goods, such as on labels, tags, boxes, photographs of oversize boxes, etc.; and
(7) Any meaning the mark may have within your trade or in a foreign language.
A preliminary availability search should be undertaken before choosing a mark. After filing, the official Examining Trademark Attorneys often raise objections or request additional information with respect to applications. Furthermore, trademark applications based on an intent to use a mark, rather than existing use, cost significantly more to process because evidence of use must be separately submitted, and additional government fees paid, once such use commences. It is impossible to anticipate the extent of additional services that may be required in connection with such prosecution of applications for trademark registration.
If you would like me to conduct a search or prepare an application for trademark registration, please call Douglas E. White at 925-258-8000.
Email: Douglas@trademarkapplicant.com