Trademark
filing companies, such as LegalZoom, tend to believe
that filing a trademark application is a matter
of completing an administrative form.
However, a trademark application
can be refused by the U.S. Patent and Trademark
Office or opposed by third parties for any number
of reasons (e.g., confusion, descriptiveness,
surname, fraud, etc.). The refusal or opposition
can result in legal fees to cure the problem with
the application.
To avoid such problems it is
a good idea to do a thorough search and have the
search results reviewed by an experienced trademark
attorney. When applying for a mark, it should
also be prepared in a manner that reduces the
risk of a refusal, opposition, or cancellation.
Since much of the trademark filing process involves
the subjective judgment of an Examining Attorney,
an experienced trademark attorney would be extremely
helpful in navigating an Applicant through many
of the potential pit-falls involved in the trademark
filing process.
|