The process of filing a trademark application with the U.S. Patent and Trademark Office can hit a few snags along the way.
The attorneys at Larson & Larson have prosecuted over 1000 trademark applications and have the experience to assist our clients with every step of registration. After a trademark application is submitted, it comes before a trademark examiner. The trademark examiner is an attorney who works for the USPTO and reviews the application for completion of legal filing requirements and compliance with the latest guidelines and statutes.
The application process is a legal proceeding, which could take months, where the examiner may approve the application and move it one step closer towards registration, or the examiner may find objections to the registration of a trademark. The trademark examiner could determine that a mark is too generic, primarily geographically descriptive, requires a disclaimer of some portions of the mark, or has a likelihood of confusion with a registered mark or earlier-filed application. Many more examples exist of reasons an application may be refused by an examiner. The USPTO does not refund filing fees if an application is refused. Each refusal must be precisely addressed in a timely fashion to avoid abandonment of the application.
In the event the examiner maintains refusal of the mark, the applicant may elect to appeal the decision to the Trademark Trial and Appeal Board. The Trademark Trial and Appeal Board Manual of Procedure (TBMP) is the guideline for proceedings before the TTAB. The appeals process requires additional fees as well preparation and filing of an appeals brief before the TTAB.
Larson & Larson understands the complicated steps this process may require. Our attorneys have experience responding to office actions from trademark examiners and the legal understanding of what is required if a trademark is refused. Our attorneys’ professional guidance helps our clients understand office actions and take the necessary steps in a timely fashion.