Trademark Law in the U.S.

Trademark Law and intellectual property rights are continuing to gain importance in the world of commerce. Many small businesses and large companies in the United States have been successfully protecting their products and processes for over 100 years. Before you file for a trademark, it’s important to search through the USPTO database of live and dead trademarks. If you find competitive filings within a similar market, the probability of approval will be significantly lower than a completely original mark. This is a very important step, and is one of the many things that could potentially result in a failed attempt at intellectual property protection. It is always a good idea to consult with a trademark lawyer to learn about potential roadblocks during the trademark process.

The application process should also be completed with the assistance of a trademark attorney in order to ensure it is done correctly. Any mistakes can result in delays or rejections. Many people attempting to file on their own or with the help of large online companies many come up short simply because they don’t actively participate in trademark law on a daily basis.

Because trademarks can take 4-6 months to be processed by the USPTO, it is extremely important to file a correct application the first time so no edits are needed later on. Even though the United States now follows a first-to-file system, this long waiting period may become even longer if there are mistakes with your application. In the event of denial or rejection, there is an appeal process that can be used.