|
When can I file to register a trademark?
A trademark may be registered if it is being used in commerce regulated
by the Federal Government, such as interstate commerce (between states)
or international commerce (between countries). Thus, if you are
currently using a word, phrase, design, or symbol in commercial business
to identify and distinguish your goods and/or services, you may file a
trademark application to register your mark.
A trademark may also be registered if it is your intention to use the
mark in the near future. It is important that your intention to use the
mark is a legitimate (bonafide) use and not an idea you are pondering,
with no real effort, ambition, or intent to follow through. In the event
that you pass the initial registration with intent to use your mark, you
are given six months to file a verified statement that your mark is now
“in use” in commerce. An additional six–month extension will be granted
by request and additional extensions up to twenty-four months may be
given upon a showing of good cause.
The advantage to the “intent to use” application is that with a possible
two year extension plus the approximate one year processing of the
application before notice of allowance, you may have up to three years
to reserve your mark. This reservation gives you the same rights that
you would have received had you actually used the mark in the U.S.
Back |
