The following is an edited transcript of my video Trademark Application Checklist.
One of the great resources produced by the USPTO for trademark filers is the Trademark Manual of Examining Procedure (TMEP), which has hundreds of sections, guidelines, rules and procedures. Within that (TMEP, Sect. 818), there’s a particularly useful checklist which lists more than 20 items for new trademark applications and the things that go into it. What seems simple at first–like so much in the world of trademarks–is much more nuanced and often much more complicated.
Each of these checklist items has several layers of nuance, depending on the circumstances, and sometimes it can be very complicated. Even something as seemingly simple as an address can have connotations or permutations (whether it’s foreign or US, whether it’s a PO box or a mailbox). This is why having experienced counsel is very useful. There are studies based on actual data from decades of trademark filings that show working with experienced counsel increases the odds of approval and registration. Take a look at TMEP Section 818. and you can see that the trademark application process is not as simple as it appears.
Learn more about the 25trademark application process in our Trademarkive®.
