When can I file a trademark application?

Generally, a trademark application may be filed anytime you are using the mark in commerce. However, if you have not yet used the mark in commerce, but intend to do so, you may file an “Intent to Use” application.

What is the procedure for filing a trademark application?

The attorneys at Hamilton IP Law, P.C. will meet with you to discuss your current use of the mark and to gather certain information. Trademark applications (both “Use in Commerce” and “Intent to Use”) may be submitted to the Patent & Trademark Office electronically, and much of the trademark work with clients may be done over the internet. The Patent & Trademark Office generally responds to trademark applications within four to seven months. If the application is rejected, there is an opportunity to amend the application or argue as to why the rejection is improper. If the application is an “Intent to Use,” then it must be supplemented with a Use in Commerce specimen within six months of the notice of allowance.