The trademark registration system in the United States differs from that of the rest of the globe. To secure a federal trademark registration from the USPTO, one must normally utilize the mark in connection with products or services in US commerce, with a few exceptions. Should entrepreneurs debut their product first, then register for a trademark? Is it possible to file a trademark application before releasing a product?
What would be a good trademark strategy for a company launching a new product? The sooner you file the better. Before displaying your mark, you need to submit a trademark application.
How can a trademark application be filed before the product is on the market?
Before marketing a product, anybody can register a trademark application. It’s known as an ITU application or Intent-To-Use application. This useful timetable for an ITU application has been supplied by the USPTO. The applicant must have a genuine intention to use the mark on the products or services included in the trademark application, as the name implies.
You can add as many items or services as you like in an ITU application. We suggest making a realistic list of things. When it comes time to illustrate use, you can err on the side of including more, but be sure to eliminate the unneeded items.
After submitting a trademark application, a product is launched.
Now that your ITU application has been filed, you may move forward with your product launch without fear of someone else filing a trademark application for the same mark before you. You’ll have to spend a little extra on this piece of mind. After you’ve started using the mark successfully, expect to pay an extra fee to file a Statement of Use.
Registration necessitates usage.
Use is still necessary to register your mark unless your application is based on a foreign registration. Do not submit the Statement of Use too soon. Before presenting evidence of use to the USPTO, certain standards for “use in commerce” of a trademark must be met. Your options will be limited after a Statement of Use has been submitted. If your initial specimens are rejected, you may find yourself in a scenario where there isn’t enough time to utilize new specimens.
So relax and take your time. Attend a trade fair. Bring your product to market. Begin your crowdsourcing campaign. Keep in mind that you’ll need to undertake extra work before you can securely file a Statement of Use with accurate first-use dates.
The benefits of submitting a trademark application sooner are enormous.
For a class of goods/services, the extra cost of a few hundred dollars is definitely worth the earlier trademark application date. By filing early, you make it more difficult for later filers to contest your application. Subsequent applicants must establish the likelihood of confusion and precedence by filing a trademark objection (for ongoing applications) or cancellation (for registration).
When will the United States Patent and Trademark Office register your trademark?
How long does it take for a pending trademark application to become a registered trademark? The Trademark Office will examine the specimens when the applicant presents evidence of usage. A trademark registration will be given in due course if it is found to be suitable. If this does not happen, an Office Action will be issued, requiring a timely response. You won’t be able to utilize the ® symbol until the mark has been registered. When submitting specimens, avoid using the ® sign.