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What are some best practices to observe when filing for a trademark?

There a bunch of things to remember. Unfortunately, even after reading numerous answers and posts about filing for a trademark, mistakes can occur. That’s why a ton of entrepreneurs and inventors turn to the intellectual property (IP) attorneys on LawTrades for assistance with their IP filings.

These are some of the best practices for those willing to take the risk of applying for a trademark without the use of an attorney:

  • You need to conduct a comprehensive search before applying. You can search the Trademark Electronic Search System (TESS) on the United States Patent and Trademark Office (USPTO) website. It’s worth noting that the search is complex because you need to figure out what class your company falls under. Here is a “How to” search guide provided by USPTO.
  • Even if your search yields no similar registered marks, these types of marks will likely not be deemed protected: 1) marks that are similar in sound, appearance, meaning, design or commercial impression to a mark that is already registered AND there is a likelihood of confusion because the goods and/or services of your business are similar to those of the mark already registered; 2) name marks; 3) marks that described the origin of the good; 4) offensive marks; 5) foreign term marks that translate into a descriptive or generic term; and 6) titles of books and/or movies.
  • Remember that a logo, company name, and slogan will require three separate filings with the USPTO. More on that here: Does one need to trademark a company’s logo and name?

Before tackling a trademark application on your own, consider another option – LawTrades. Our legal platform has facilitated hundreds of trademark filings. To receive a no-obligation price quote from a skilled IP attorney then check out our site. Feel free to message me too!

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