USPTO TRADEMARK APPLICATION FILING

The United States Patent and Trademark Office (USPTO) trademark application process can be daunting and confusing for someone that does not understand the inner workings of the USPTO and complicated trademark laws. It can be very beneficial to work with an experienced attorney that can (1) guide you through the entire process, (2) work with you closely to gather the proper information and documentation, (3) prepare and file the application on your behalf, and (4) respond to any procedural issues with you pending application up to registration or denial of your trademark. Procedural issues are small applications issues raised by the USPTO that need to be corrected in order for the examiner to continue review and approval of your filing. 

REQUIREMENT OF WHAT IS INCLUDED IN AN APPLICATION: 

Once a trademark clearance search has been completed (highly recommended service for our clients), the Colibri Firm will work with you to gather and process the proper documentation required for each application and will file the application on your behalf. All applications must include:

• Their name and domicile address
• Their legal entity
• The  citizenship of each individual applicant, or the state or country of  incorporation or organization of each juristic applicant
• One or more filing bases that satisfy 37 CFR 2.34, 2.44, or 2.45, as applicable
• A filing fee for each class of goods and services
• A verified statement that meets the requirements of 37 CFR 2.33, 2.44, or 2.45, as applicable, dated and signed by a person properly authorized to sign on behalf of the owner
• Correctly classified goods and services with identifications selected from the ID Manual in Trademark Center

SPECIMEN:

A specimen is required by the USPTO as a sample of your trademark when an individual or businessa uses it in commerce.  The USPTO considers the specimen as a real-life evidence of how you use your trademark in the marketplace with the goods or services listed in your application or registration maintenance filing. According to the USPTO, a specimen is what consumers see when they are making the decision to buy your goods or services. In regards to "goods", a specimen shows your trademark as what is actually used in commerce with your existing goods. A goods' specimen can be a label or tag attached to your physical goods with your trademark, a product container or packaging with your trademark on the packaging, or a website with your trademark where your goods can be purchased or ordered. In regards to services, a specimen shows the trademark as it is used in commerce with your current services. Some examples of a services' specimen include advertisement,  brochure, website printout or other promotional material showing the use of your trademark, business signs with your trademark where the services are rendered. Physical specimens are not required to be submitted to the USPTO as trademark filings as they are submitted electronically.  Therefore, usually a photograph or printout of the physical specimen is submitted instead. 

Your filing legal fee will include lawyer preparation of the application, lawyer preparation of the description of your goods and services that fully complies with the USPTO requirement, lawyer evaluation and preparation of the specimen for use-based application.