3 Tips For A Successful Trademark Application

In a world of repetition and copycats, setting yourself apart from the competitors is an important piece of the success puzzle. Business trademarking is how you help your organization stand out. From service marks, to symbols and even catchy slogans, a trademark keeps these key attributions of your business, all your own. Ensure your trademark application goes smoothly.

Be Unique

Want to receive an automatic denial? Present a trademark that isn't unique. There are certain phrases that the US Trademark Office categorizes as generic, or common. Phrases in this group cannot be trademarked. Consider a dry-cleaner in Washington, for example.

If the business were to submit the slogan, best cleaners in Washington, they would be met with a denial. The problem is that every dry-cleaner in the state probably considers themselves to be the best. They would need to come up with something more specific, such as home of the 60-minute clean, if this were a service they offered.  

Classify Correctly

All applications must specify a class for which the trademark will be applied. On the surface, this would seem simple. Consider the previous example of the dry-cleaner again. If the business applies for a trademark under the classification of a dry-cleaner, but they also have an onsite, public laundromat, this would be incorrect.

The fact that the business is both a dry-cleaner and a laundromat places them in a different category. Given this requirement, there are a large number of classifications to choose from so it can take a while to find the right option for your business.

Monitor Your Application

It's your responsibility to keep up with the progress of your trademark application. In the event of a correctable issue, the USPTO will send out a communication in the form of an electronic document that is only accessible on their secured site; not by mail.

Once your application is received, you are provided instructions for accessing this site, and it's your responsibility to periodically monitor it to check the status of your application. If a document or error goes uncorrected, after a certain period, the application will automatically be cancelled, requiring that you start the process all over again.

Trademark applications are far more involved than filling in the blanks. It is an intricate process that takes knowledge about trademarks and the law. Attorneys have both. Let a trademark attorney assist you with your application for a greater chance of success.