March 28, 2008

How To Protect Your Brand with a Trademark

By Ken

I recently received some of the best business advice I ever received and at least one person out there is going to thank me for it. It’s related to trademarks and if you intend to build a brand, it’s really necessary to protect your trademark.

Many of us create a business idea but for some reason, we don’t create the business immediately because of a lack of funding or current job and business obligations.

If you’re in this position, file an Intent to Use application with the USPTO. This application will put you in a priority position, even better than someone who is actually using the trademark if your Intent to Use application was filed before:

1. Either the other person’s first use or first commerce date.

2. Before the other person’s Intent to Use application.

You can file extensions for up to 36 months with the USPTO and I highly advise to stay on top of all correspondence with the USPTO. With an Intent to Use application, you will be protecting your mark for 36 months and then you need to prove use.

Please note that when filing this application, you still need to file a mark that can be registered and you are not given a less vigorous examination just because you are not using it.