Lowry Blixseth APC prepares trademark applications for client review and approval before filing. An application should identify the correct owner, the mark to be registered, the relevant goods or services, and an appropriate filing basis. These decisions affect the application and the scope of any resulting registration.
Before an application is filed
Start with a trademark clearance search and consider whether you need protection for the wording, a logo, or both. A company name reservation or available domain name does not establish that a mark is clear for trademark use.
For a use-based application under Section 1(a), qualifying use in commerce and an acceptable specimen are required. If use has not begun but there is a bona fide intention to use the mark, a Section 1(b) intent-to-use application may be appropriate. Other bases can apply to foreign applications or registrations.
Information to prepare
- The mark: the exact wording and a copy of any logo or design you want considered.
- The owner: the individual or legal entity that owns the mark, including entity type and place of organization. Ownership should be evaluated before filing.
- Goods and services: what you sell or provide under the mark, what you plan to offer, and how customers encounter it.
- Use and launch details: whether use has begun, relevant dates, and examples such as labels, packaging, or service advertising. Use in commerce is a legal requirement that depends on the facts; it is not limited to shipping goods across state lines.
- Contact and existing records: your name, company, phone number, email, and any application numbers, registrations, or USPTO correspondence.
Email this information to Trademark@LawLB.com or contact the firm to discuss the proposed work and scope of representation.
What happens after filing?
The USPTO assigns an application serial number and later examines the application. An examining attorney may issue an Office Action. An approved Principal Register application is generally published for opposition; the next step depends on its filing basis and whether a dispute arises.
An intent-to-use application requires an acceptable allegation of use before registration under that basis. After registration, maintenance filings are required. Application filing, examination, use filings, disputes, and maintenance are distinct stages to discuss when defining the engagement.
Costs and timing
Government fees and legal fees are separate. The number of marks and classes, the scope of searching, and later examination issues affect the overall budget. Ask for a description of the work included and what would require additional fees. See our cost FAQ for the current base filing fee and official resources.
Timing depends on USPTO workload, the filing basis, responses, and any opposition. A launch date should not assume that a registration will issue by a particular day.
Discuss your trademark
Contact Lowry Blixseth APC in Agoura Hills to discuss your brand, application, or trademark dispute.