Trademark Registration: Questions to Ask
Created by FindLaw's team of legal writers and editors | Last reviewed May 22, 2024
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It's often a good idea to formally register your trademark with the U.S. Patent and Trademark Office (USPTO), which offers additional safeguards against infringement. This questionnaire is designed to help you anticipate issues that may arise when you apply to register your trademark or service mark. Print it and fill it out before you meet with your lawyer. It will help you understand what is involved and may greatly assist your lawyer.
1. What name do you want to use on the application? _________________________ ________________________________________________________________________ ________________________________________________________________________ 2. Is there more than one owner? ______ Yes______ No If you answered yes, who are they? ____________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 3. What address should be used on the application? ____________________________________________________ ____________________________________________________ ____________________________________________________ If there are multiple addresses, write them on the back of this sheet. 4. What kind of entity is the applicant? _____ An individual_____ A partnership_____ A corporation Other: ____________________________________________________________ 5. Describe the products or services that will carry your mark. _________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 6. How do you describe your mark?Pretend you have it in front of you and you're describing it to a colleague over the telephone. Write down what you would say. Include the colors you want to use, a special way of using a particular word, what any graphic symbol looks like and where it is placed. ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 7. Are you sure that you have decided on the final version of the mark? ______Yes______No 8. Are you planning to seek a trademark on a particular color you have used? (It is difficult, but possible to do. ) While the color remains in the public domain, nobody else would be able to use that color for the same kind of product. ______Yes______No 9. What kind of product will use the mark? Choose from the following list (the services are listed after the products). ______ Chemicals ______ Paints ______ Cosmetics ______ Cleaning preparations ______ Lubricants and fuels ______ Pharmaceuticals ______ Metal goods ______ Machinery ______ Hand tools ______ Electrical apparatus ______ Scientific apparatus ______ Medical apparatus ______ Environmental control apparatus ______ Vehicles ______ Firearms ______ Jewelry ______ Musical instruments ______ Paper goods or printed matter ______ Rubber goods ______ Leather goods ______ Non-metallic building materials ______ Furniture ______ Housewares and glass ______ Cords and fibers ______ Yarns and threads ______ Fabric ______ Clothing ______ Fancy goods ______ Floor coverings ______ Toys and sporting goods ______ Meats and processed foods ______ Staple foods ______ Natural agricultural products ______ Light beverages ______ Wines and spirits ______ Smokers' articles ______ Advertising and business ______ Insurance and financial services ______ Construction and repair ______ Communication ______ Transportation and storage ______ Education and entertainment ______ Miscellaneous 10. Are you already using your mark in commerce? ______Yes______No 11. When was your mark first used? ______________________________________ 12. If your first use was purely local and conducted only within your state, when was your mark first used in interstate commerce? ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 13. Have you used your mark for business between your state and another country or a territory of the United States? ______Yes______No 14. How is the mark used? ______ It is affixed directly on the product. ______ It is on a label attached to the product. ______ It is on letterhead, mailing labels, business cards, advertisements or signs. 15. If you are not already using your mark, do you plan to use it within the next six months? ______Yes______No |
Find a Trademark Law Attorney
Intellectual property law can be quite complicated for non-attorneys. Hopefully the above questions have helped you to organize your thoughts prior to meeting with an attorney. Find a trademarks lawyer near you by searching FindLaw's Lawyer Directory.
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