Protecting Your Company's Intellectual Property: A Practical Guide to Trademarks, Copyrights, Patents & Trade Secrets

By Deborah E. Bouchoux | Go to book overview
Save to active project

4
The Trademark Application
Process

If a trademark search discloses that a mark is available and is eligible for federal registration, an application should be filed promptly with the U.S. Patent and Trademark Office (PTO). Delay may allow another to select the mark, and search results can quickly become stale. After examining the application, the PTO issues a registration for the mark. The process generally takes about twelve to eighteen months.


Types of Applications

Two types of applications may be filed with the PTO by a U.S. applicant: an application based on actual use of the mark in interstate commerce and an application based on the applicant's bona fide intent to use the mark in interstate commerce. The intent-to-use application process affords companies significant advantages. Until the late 1980s, companies were required to use a mark before applying for its registration with the PTO. If the PTO determined that the mark was merely descriptive or was confusingly similar to that of another, the application was rejected and the company was forced to select another mark, spend money advertising and using it, and then take another gamble that the PTO would approve the mark for registration. The intent-to-use application solves this problem by allowing

-33-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
Loading One moment ...
Project items
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited page

Bookmark this page
Protecting Your Company's Intellectual Property: A Practical Guide to Trademarks, Copyrights, Patents & Trade Secrets
Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen
/ 262

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.

Are you sure you want to delete this highlight?