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How can I file a trademark?

On Behalf of | Feb 24, 2017 | Business Torts

As a Houston entrepreneur, you know that protecting your intellectual property is of the utmost concern. Failure to do so could lead to those vital concepts closely tied to your business being used by direct competitors. To this end, enacting trademark protection is crucial to ensure intellectual property theft does not ruin your chance of success. But what is involved in the trademark process?

As stated by the United States Patent and Trademark Office, there are a number of steps involved in having your intellectual property trademarked. First and foremost, you must consider whether the mark you are seeking to protect is actually capable of being trademarked. Some marks cannot be protected, so it’s important you perform your due diligence before initiating the process.

You should also do a preliminary search to see if anyone has trademarked an item similar to yours. After you’ve established that your trademark is indeed unique, you can determine the mark format, as well as which goods or services your trademark will be applied to. Once this is completed, you can begin your official trademark application.

Upon receipt of your trademark application, it will be reviewed by the appropriate parties. This process can take quite a bit of time, as trademark officials must hold your application against all relevant laws and regulations. You will also need to provide and application fee when filing, which is non-refundable. If your application is denied, you do have the right to appeal. The trademark office will list the reasons why they’ve denied your application, you must respond to each item individually to have your denial overturned.

 

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