My Experience With the Trademark Process

in Trademark

After registering a product and trademarking a brand name, many friends asked, How did you do it? Here is a primer on my experience with registering a trademark.

It is one thing to invent a new product and go through licensing, but it is a different adventure to trademark a brand name. In August 2002, my company had received a patent for a product . Officially it was a breathing filter for wearing over a user's nose and surrounding the user's nostrils.

After applying for a US Trademark, I received Notices of Allowance from the US Trademark Office. I also applied for and received an International Class Number. Next I applied for two other US Trademarks for the product name. This was a departure from the normal and usual trademark process because I wanted to patent a name.

All three of the Company's trademark applications were made with the 'intention to use' the name after approval. This 'intent to use' application is the first step in a lengthy process to acquire trademark registration rights.

The second step is the 'allowance' stage, which can only occur after the products which were already approved for this trademark in the initial review have then been published in the U.S. Trademark Office's online Gazette for purposes of opposition.

If no company or individual opposes any of the product trademarks during this period, the trademark for all of those products becomes 'allowed', resulting in the Trademark Office mailing an Official Notice of Allowance regarding those approved products. Any trademark that is opposed for any reason will result in the Company being notified of such.

The Company would then have the option to take legal measures and arguments needed to make its case to the Trademark Office to try to obtain a favorable ruling so that the opposing party would not be successful in blocking the trademark from going to allowance. Any entity that wishes to oppose an 'intent to use' trademark application has 30 days from the date of its publication in the Gazette to file such opposition with the U.S. Trademark Office. The same entity also has the right to file for a 30 day extension while studying the possibility of opposition.

The final registration step occurs after you put the products (with this allowed brand name) into commerce by either manufacturing the products or licensing with another manufacturer. This requires the filing of one additional form and paying one additional government fee with the Trademark Office. Same process applies to services as well as products.

It also makes sense to go ahead and reserve a domain name so you have a website with the product name, ready to market your product. I hope this gives you insight into the trademark process I went through to familiarize you with the steps and terms used in the patent process.

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John B Williamson has 1 articles online

John B. Williamson is an inventor who resides in Houston, Texas. His company RealAid has been an adventure in educating him in the complicated process of registering a brand name in both US and Foreign Trademark offices. Visit his website at: http://www.RealAidBrands.com

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My Experience With the Trademark Process

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This article was published on 2010/03/31