What is Trademark Application Drafting?
A trademark application is the submitting of forms and required documents to register a trademark. It enables a company to protect their brand identity, giving them exclusive rights to use their trademark and prevent others from using similar ones that can result in infringements.
There’s specific information you need to include in your trademark application to increase your chances of it being approved.
Read the rest of this article to explore what’s included in a trademark application, how to draft it, and how a qualified lawyer will assist you with the drafting process.
What Information Does a Trademark Application Contain?
A trademark application requires specific information, such as the following:
- The applicant’s name.
- Their address for receiving correspondence.
- What’s being trademarked. Words, phrases, designs, and symbols can be registered as a trademark.
- Clear drawings and specimens of the trademark.
- List of goods and/or services for which the trademark will be used.
- Application filing fee. This is usually around $350.
Depending on your requirements, you’ll need to file a use-based application if you’re using the trademark or an intent-to-use application if you have the intent to use the trademark.
How Should You Prepare for a Trademark Application?
A trademark application requires you to prepare by following these steps:
Define the Goods/Services
Before filing the trademark application, you should clearly define the goods or services that will be identified by the trademark and clarify if the mark has already been used for them. If so, include the date when you started using the trademark.
You must also specify if you’re applying for a word mark with standard characters or a design mark with or without wording, such as a logo.
Run a Trademark Search
Before filing a trademark application, you should ensure that your trademark is unique so that you won’t risk violations or infringements. You can do this by conducting a search for similar trademarks on the internet, social media, and databases. You should also use the United States Patent and Trademark Office’s (USPTO’s) Trademark Search tool to search for marks that contain specific words.
A lawyer can help you with conducting an in-depth trademark search, covering various sources or platforms that you might not consider or know how to search.
Prepare Your Drawings and Specimens
You’ll need a drawing and specimen of your trademark.
- A drawing must display the trademark without anything else being around it.
- A specimen shows how you’re using the trademark for your goods/services. For example, if you sell hats, you could submit a photo of your brand trademark on one of the hats.
How Do You File a Trademark Application?
On the USPTO (United States Patent and Trademark Office), you’ll file the trademark application that you’ve drafted. This requires ensuring you’ve completed the following:
- Choosing the correct filing basis (use-based or intent-to-use).
- Preparing your application materials, such as trademark specimens and drawings.
- Identifying the goods or services that will be covered or identified by the trademark.
You’ll complete an electronic filing on the USPTO platform. After submitting it, an examining attorney at the USPTO will review your application and get in touch with you if there are any concerns you need to resolve by sending you an office action or letter.
Do You Need a Lawyer for Trademark Application Drafting?
Although you can draft your trademark application, it can benefit you to hire a qualified lawyer who can assist you with the process and ensure you avoid making mistakes that can cost you.
Here’s how a lawyer can help you:
- They’ll conduct comprehensive trademark searches to identify any conflicts prior to filing your application. This prevents it from getting rejected.
- They’ll guide you on whether your trademark is unique and distinctive enough to qualify for registration.
- They’ll evaluate which trademark classes accurately identify your goods or services.
- They’ll prepare and file your trademark application for you.
- They’ll respond to the examining attorney’s office actions on your behalf.
- They’ll help you gather all the information you require for your application, such as by advising you on the appropriate trademark specimens.
- They’ll represent you in any litigation that could arise, such as if another party challenges your trademark.
- They’ll guide you after the trademark application process, such as by helping you to monitor for any infringements.
- They’ll review your trademark application if you’ve already drafted it to give you peace of mind that your submission isn’t missing anything important.
Where to Find a Lawyer for Trademark Application Drafting
If you need to find and hire a lawyer to draft your trademark application, you don’t have to struggle to know where to start your search. Online legal platforms make finding and hiring a qualified lawyer an easy process.
ContractsCounsel is one of the largest online legal marketplaces on which you can connect with a curated network of vetted lawyers. Since all the lawyers on the platform have years of experience in contract drafting and review, they will give you professional legal guidance.
Here are the steps to follow if you want to ask a lawyer on the platform to draft your trademark application.
- Go to the ContractsCounsel marketplace.
- Post your project for free. Include a few details to help you find the most suitable lawyer, such as the type of trademark or goods/services that apply to you.
- Wait for legal bids. You’ll get multiple bids from lawyers directly on the platform who have the experience to help you.
- Review the lawyers’ profiles. Before choosing a lawyer to draft your application, go through the platform’s lawyer data, such as their location, client ratings for previous projects, expertise, years of experience, and credentials.
- Connect with a lawyer you think is best suited to your requirements and hire them to draft your trademark application.
