How Does the Trademark Registration Process Work?

Learn How the Trademark Registration Process Works and How Our Trademark Lawyer in Philadelphia, PA Can Help You

Individuals, businesses, and municipal entities will often use logos, slogans, symbols, phrases, and other combinations of these objects or expressions to help identify themselves or their services. This can help others quickly identify what they are, what they do, and how they can help, as distinguished from other services, businesses, and competitors. This object and system is known as a trademark, a unique identifier for you, your business, and your goods or services. Having a trademark is an important legal protection for your brand that helps guard against competitors or malignant actors from profiting on your business goodwill. However, our trademark lawyers in Philadelphia, PA know that some individuals and businesses will not get a trademark, while others may try to get one without the help of a lawyer. This can be a huge mistake.

Here at Paul & Paul, our law firm is dedicated to handling intellectual property (IP) matters for individuals, businesses, and governments. We have over 170 years of combined experience doing so, throughout Pennsylvania, the United States, and throughout the globe with the help of our international partners. Our patent lawyers and trademark lawyers know the importance of having the proper IP rights to ensure that one’s business, goods, or services are well-protected from infringement. If you or your business need help obtaining a trademark, ask our skilled and knowledgeable team for help during a free consultation.

What is the Trademark Process

The process to obtain a trademark can take a little under a year, usually 8-10 months, unless there are mistakes or errors in the application. The steps to obtain a trademark in the United States include the following:

Conduct Research on Your Trademark

Ensure that no one else has a similar trademark that you could be confused with, as it could be grounds for denial. But it could also be grounds that another business could be confused with yours which could result in some customers being lost to that business, or if that business is not good, affect your business’ perception and goodwill.

Submit an Application to the U.S. Patent and Trademark Office

You will need to complete the application and use the correct forms to get the process started. The forms can be extensive and require other documentation and explanation to support the application. You cannot omit information or questions, and errors with such omissions can result in delays or denials of your application.

Examination and Review

After the application is marked complete, it is submitted to an examiner who will review the application at the U.S. Patent and Trademark Office. This examination includes a basic review of the law and whether a trademark can be given, as well as complying with other legal requirements. This also includes a review of whether your trademark may infringe on another individual or business’ already-filed trademark.

 If there are issues with your trademark, you will get a notice about a procedural issue or a substantive refusal (i.e., too close to another trademark or merely descriptive in nature).

Publication for Opposition

Once preliminary approved, the trademark will need to be published for opposition in the Official Gazette. This requires a 30 day period wherein any party wishing to object to the registration of the trademark must do so by filing a document or notice called a “Notice of Opposition.” This would trigger an opposition proceeding which could delay your application.

Registration of the Trademark

If there has been no opposition, or if you were successful at the opposition proceeding, you will receive a certificate of registration or notice of allowance of our trademark. You will need to complete routine renewals of the registration.

Overwhelmed by the Process? Racing to Get a Trademark? Call our Trademark Lawyers in Philadelphia, PA for Help

If you or your business need a trademark, call Paul & Paul in Philadelphia, PA, for help. While there is no legal requirement to have a trademark lawyer, you may be risking your livelihood by trying to obtain a trademark without the experienced help of a trademark lawyer like one of ours. Mistakes in the application process can delay your application or allow other individuals to steal your trademark and potentially your business. Learn more about our services and how we can help you by calling (866) 201-8191 or by sending us a message with our easy-to-use contact us box available here.


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