What actions must be taken to secure a trademark application filing date?
Securing a Trademark Application Filing Date
When filing your trademark application, there are specific prerequisites you need to be prepared for and actions to take in order to secure the application filing date. Many people are surprised to discover that it is not always mandatory for you to pay an application fee to secure a trademark filing date (which is quite valuable for trademark priority rights). When completing a trademark application, you can access a list detailing the items required to complete a trademark application, along with a secondary list of items that are needed in order to secure a filing date.
No matter where you submit a trademark application, you will invariably need to provide the following information:
- Personal contact details;
- Information about products/services offered for sale under the mark; and
- A representation of your trademark
Depending on the jurisdiction in which you reside, it is typically required to provide a local address. If you are filing a U.S. trademark application, you are required to provide your mailing address as well as your email address. If you are a foreign applicant, you have the option to appoint a local agent whose address can be used as the local address. This address will be used for service of process.
Depending on the jurisdiction in which you reside, it is acceptable to have joint applicants. In this situation, applicants can be either a formal legal entity (e.g., corporation or LLC) or multiple individuals. Each applicant must either directly sign the application or appoint a representative (e.g., an attorney) to sign the application on their behalf.
Description of the Products/Services
In the goods and services description section, you will need to clearly identify the goods or services associated with your trademark. The USPTO conveniently provides a list of acceptable descriptions.
It is recommended that you only identify goods or services for which you are currently using your trademark, or for which you plan to utilize your trademark in the near future, depending on your business strategy.
Representation of the Trademark
When you are completing a trademark application, you need to be prepared to provide a representation (i.e., drawing) of your mark. If you are filing a standard character mark, that is, without any design or ornamentation, the representation of the mark is made by typing it into the application form. On the other hand, if you are filing for a design mark, the drawing of your mark will need to be a visual image/wording of what your trademark looks like. When submitting this drawing, the trademark will need to be a stand-alone image, without any other depiction surrounding it and without it being attached to any product.
As mentioned earlier, you do not always have to pay a fee for your trademark application at the time of filing to secure a filing date. However, if you reside in the United States, China or Germany, you need to be prepared to pay the filing fee upfront in order to secure the filing date.
Have Questions? Contact an Experienced Trademark Lawyer in Los Angeles Today
If you have questions about the laws and regulations governing trademarks and the application process, take action by contacting the highly reputable trademark lawyers at Omni Legal Group. Omni Legal Group is a premier Patent, Trademark, and Copyright law firm with offices in Los Angeles, Santa Monica, and Beverly Hills. For further information or to schedule a consultation please contact Omni Legal Group at 855.433.2226 or visit www.OmniLegalGroup.com to learn more.
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