Similar to patents, often, a trademark or service mark availability search can be performed. A preliminary search can be conducted accessing databases that include pending applications and registered trademarks, domain names and business names.

An application for federal and/or state registration can be filed. The federal registration application can be based on actual use or on a bona fide intent to use. Preferably, the application is directed to a word rather to a particular design (logo) as a logo could limit the coverage that is eventually obtained. However, because the design may have particular significance in the marketplace, we can file two applications on your behalf, one to the word and the second to the logo.

To support your application of actual use, specimens of the trademark or of the service mark, such as labels, brochures, pamphlets, inserts, tags, products, web site and so on, along with the dates on which such were first used in commerce can serve as evidence. If the application is based on intent-to-use, then a Declaration of Use must be filed prior to registration.

A trademark application is relatively simple compared to a patent application, there generally is an information sheet with bibliographical information, you will need to identify the class of products of services with which the mark is associated, generally just one class is sufficient as that should secure rights to the overall logo and word, and one or more drawings. Similar to the patent prosecution process, an Examiner conducts a search and makes an initial assessment of whether or not the mark can be registered. If there are rejections, we will respond accordingly.