Call For A Free Consultation (615) 590-9787

Wolfe Legal Services P.L.C.

Call For A Free Consultation (615) 590-9787


FAQs

If you are not a U.S. citizen, you are required by law to be represented by a licensed U.S. attorney when applying for trademarks. You can read about those requirements HERE.
Make sure to read all of the fine print, when these sites say they’ll get you “registration.” Most of those websites are not using licensed U.S. attorneys, or if they are, they’re just taking the information you provide from a form you fill out (which is just as confusing a lot of times as the USPTO application) and entering that into the USPTO application. Some are built on Artificial Intelligence, and they do the same thing – just apply for your mark using the information you entered into a form. There’s no real search or analysis of your mark, and you usually don’t get the personal attention of an experienced trademark lawyer. If you’re going to use one of these services, you’re truly just as well off doing some minimal research in the Trademark Manual for Examining Procedure and rolling the dice yourself. Maybe you’ll get lucky. But whether you use one of those services or give it a go on your own, the odds are that you’re going to get an Office Action, and you’re going to want some help at that point. If so, I’m here for you.
An Office Action is essentially a letter from the USPTO telling you that your trademark didn’t get registered for some reason. That reason can be substantive – like the fact that there’s another mark out there that’s so similar people might be confused – or non-substantive – like you submitted the specimen in the wrong form or you need to disclaim a generic or descriptive part of your mark. You usually have a chance to respond to whatever reason they give you by correcting some non-substantive error or arguing, using legal precedent and authority, why the Examining Attorney got it wrong this time. Read more about Office Actions HERE.
Obviously, that depends on a number of factors, but there are some things that we can know. It takes an average of around three months for an Examining Attorney to send you the first Office Action. If you never get an Office Action, and you breeze right through, it could take as little as 6 months to get all the way to the Principal Register. But the average trademark takes around a year or a little more to go through the whole process to a Final Rejection or registration on the Principal Register, and some marks can take years to register, depending on the specific circumstances.
In a nutshell, you apply for a trademark with the USPTO. Then the USPTO assigns an attorney to examine your application for registration. If they reject it, correspondence between you (or your attorney) and the Examining Attorney begins until the mark is abandoned, allowed to register or issued a Final Rejection. There are other possibilities in between registration on the Principal Register and Final Rejection, and you can read more about the process HERE.
Technically, not if you’re a citizen of the United States (foreign citizens must obtain the assistance of a licensed U.S. attorney). But trademark law is complicated, and without the assistance of an attorney, getting your application through the process can be much more difficult.
  • To establish the ownership of your brand name nationwide
  • To prevent counterfeiters from importing your brand
  • To enforce your rights in court against infringers
Steven Wolfe , Esq.

Call For A Free Consultation (615) 590-9787

Page 2 of 2:«12

Accessibility Close Menu
× Accessibility Menu CTRL+U