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Generally, a Federally registered trademark protects words and/or logos associated with products or services to identify their source in the marketplace. The first step is a search (link to U.S. Trademark Office search engine). This may be conducted by the client on the Internet or a search and opinion may be done by the attorney. If the search is favorable and there has been use in interstate commerce, then a Federal application for registration may be filed. If there has not been use in interstate commerce, an intent-to-use application may be filed. There are the initial costs for preparation and prosecution of the application depending on what action is taken by the U.S. Patent and Trademark Office. Once this office approves the mark, it is published for opposition. Anyone can oppose the mark based on likelihood of confusion in the marketplace with their previously used mark even though their mark is not Federally registered. | |||||||||||||||
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