How to Trademark a Name with Help from Attorneys and the USPTO

By December 18, 2018 Business Law

How to Trademark A Name

How to trademark a name: first conduct a search with the USPTO (US Patent and Trademark Office). Then prepare a trademark application. There are different types of applications. For example, are you actually using the trademark or service mark now or saving it for use in the future? After that, complete and file the application.

How to Trademark a NameThe application process takes several months. Assuming that there were no issues with the USPTO, they will grant approval. That is a very general idea of how the trademark registration process works. With that trademark registration, you have all the rights and duties associated.

Use an Attorney

There is a tremendous benefit to having an attorney handle your trademark application. Trademark registration can be complex and intimidating. There are a lot of legal requirements that are very specific. Many issues may arise about whether your trademark is suitable for registration. These determinations are better made by an experienced, trained, and competent trademark lawyer. I’d encourage you to seek counsel before you start a trademark application.

Common Mistakes that People Make when Trademarking a Name

  1. Rushing through the process,
  2. Not conducting a proper pre-filing search,
  3. Not responding timely to a USPTO request for more information or argument.

Those are the top three issues that I see when someone is trying to get a trademark on their own.

Ismail Amin

Author Ismail Amin

Ismail’s legal experience encompasses serving Fortune 500 companies, mid-sized privately held companies, and entrepreneurs. He presently serves as Corporate and Litigation Counsel to large and mid-sized businesses throughout California, Nevada, and Texas, as well as General and Personal Counsel to high-profile hospitality operators in California and Nevada. Ismail’s practice emphasizes Business and Intellectual Property matters, with a focus on healthcare, biopharmaceuticals, biotechnology, and hospitality. Ismail has counseled the firm’s healthcare provider clients in acquiring or selling assets while maximizing return and minimizing risk. He has helped clients acquire or sell over $1 billion worth of healthcare-related assets, including hospitals.

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