Submitting a trademark application is the first step toward securing national or international protection. Our trademark applications lawyers file and prosecute trademark applications on behalf of entrepreneurs, companies, and institutions nationwide.
In the United States, simply using a trademark affords the trademark owner certain rights. However, these rights are limited to the geographic scope of use, and if another company files to register an identical or “confusingly similar” mark, this can limit further geographical expansion.
As a result, when adopting a new trademark, promptly applying to register the mark with the U.S. Patent and Trademark Office (USPTO) is of critical importance. If your company is (or will be) seeking to use the mark internationally, then applying for registration in the relevant international jurisdictions can be critical as well. At AdamsIP, we represent entrepreneurs, companies, and institutions throughout the United States in their domestic and international trademark protection efforts, and we have helped our clients secure exclusive rights in the U.S. and around the globe.
USPTO and International Trademark Applications
USPTO Intent-to-Use (ITU) Applications
In the United States, it is possible to apply for registration of a trademark prior to using the mark in commerce. This is referred to as an intent-to-use (ITU) application, and filing on an ITU basis affords the opportunity to secure protection without first rolling out your new trademark to the public (although all USPTO filings are publicly available online). We recommend filing on an ITU basis whenever possible, as doing so serves to mitigate the risk of a competitor (or squatter) beating you, your company or your institution to the punch.
USPTO Applications Based on Actual Use
If your trademark is already in commercial use, then you can apply to register your trademark with the USPTO based on “actual use.” This removes a step from the process as compared to filing on an ITU basis, although you should not wait to file on the basis of actual use. Our trademark lawyers routinely handle both ITU and actual use applications, and if your mark is currently being used in commerce, we can help you secure registration.
International Trademark Applications
In addition to filing and prosecuting USPTO applications, we also help clients secure trademark protection in countries around the world. If your company or institution’s business extends beyond U.S. borders, we can help you secure the protections you need regardless of where your business takes you.
Preparing to File a Trademark Application
Prior to filing a trademark application, it is important to ensure that your proposed trademark is available for use. Read about our trademark search and trademark opinion services to learn more.
Speak with a Trademark Applications Lawyer at AdamsIP
If you would like to speak with one of our trademark lawyers about filing a USPTO or international trademark application, we encourage you to get in touch. For a free and confidential consultation, please call 251-289-9787 or get in touch with us online today.