Loren Donald Pearson

Loren Donald Pearson is a Registered Patent Attorney and a Florida Bar Board Certified Intellectual Property Attorney.  He is a partner at Assouline & Berlowe, PA and leads its intellectual property group.  Read his profile

 

US Trademark Application

A/K/A Federal Trademark Application

Registering your trademark is the foundation for protecting your branding.

If you want to prevent competitors from using your trademark or a similar mark or if you want to confirm that all of your branding budget is not being spent on a mark that might have to be changed, then you need to register your trademark.

Registering a trademark gives you a presumption of ownership and validity of a trademark throughout the United States.  Having a registration also entitles you to recover lost profits in litigation (this is a preferred way to calculate money damages) and may entitle you to attorney's fees.

To apply for a trademark (or a service mark), an applicant must either be using the mark in interstate commerce or have an intent to use the mark in interstate commerce.

A trademark registration will remain in force forever provided it is properly renewed.

Before filing any trademark application, a free informal "knockout" search is performed in the USPTO's TESS database.  The knockout search is looking for obvious reasons why a potential trademark application is not available.  More thorough searches can be commissioned.