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How can you get the best Trademark Registration?

First, do not use an online service that simply fills in an electronic form for you. A trademark registration will protect your business’ legal rights in its brand and its investment in commercializing a product or service. A good trademark can last through a long product life. The risk of low cost trademark services or a do-it-yourself approach is an application that only meets minimum requirements for filing (all the right blanks filled in) that may not ever issue or that may not give the broadest protection. Your brand is everything to your business. You need to maximize the commercial strength and minimize the weaknesses of a trademark. This is not the time to skimp. This is a basic ingredient to your success.

You need to do more than a direct hit federal search on the United States Patent and Trademark Office (USPTO) website. Just because you don’t find it on the Register does not mean it is a good mark. Why does it matter? This avoids likelihood of confusion refusal office actions.

There is a lot of skill to get the best protection with the goods and services descriptions. Most laypeople make incorrect assumptions and tend to choose descriptions that limit their long-term protection. A trained professional can help you get the most protection you are entitled to receive.

Working with an experienced trademark attorney, you can be certain your potential trademark functions as a trademark. Not all uses qualify as source indicators and identifiers. Why does it matter? This avoids specimen refusals, trade name refusals, and others. The USPTO is looking for valid use, not just any use, of a mark.

You also want to be sure your proposed mark is a strong one that it is not:

  • generic
  • descriptive
  • deceptive

Why does it matter? This avoids many types of refusals for issues such as not registrable generic term, merely descriptive, geographically descriptive, deceptively misdescriptive, and other office actions.

Office actions cost time and money. Many issues are preventable. Not all issues can be corrected without filing a new application. Why does it matter? Your brand is everything to your business.