FREQUENTLY ASKED QUESTIONS What Goes Into a Trademark Application?

What exactly happens during the trademark application process?

The process isn’t as straightforward as you might think. There are multiple elements involved in a trademark application.

Watch this video to find out what they are!


What Goes Into a Trademark Application?

A frequent question people ask is, “What goes into a trademark application?”  What are the factors that need to be considered when applying for a trademark? There is obviously more to it than just the trademark itself, or a trademark application form or else the process would be extremely simple. So what else is considered?

Trademark Application Elements

A trademark application has four main elements to it: the trademark itself, ownership of the trademark, range of the trademark, and when the trademark will be used.

Application for Trademarks Element #1: The Trademark

So the first element is obviously the trademark itself: what is it that you are trying to protect as your trademark? This is fairly straightforward. A trademark can be anything with identifying qualities, from a phrase, a logo, a name, a sound, or more.

Application for Trademarks Element #2: Ownership

The second element is who owns it. You need to be very clear in deciding who will be the owner of the trademark. Is it just you personally, or is it your company? And make sure that you spell your name right, spell the company name right and address correctly. That's the second element.

Trademark Application Element #3: Trademark Range

The third element is what products and services are supposed to be covered by your trademark. Remember, a trademark doesn't give a monopoly over the brand itself. It doesn't give you a monopoly over the words, the images, or the phrases themselves. A trademark gives you a monopoly over a mental link between the phrases, words, and images and particular products and services that you offer or are planning to offer under your brand. So the third element would be the list of those products and services that you say you should get protection for under your brand.

Trademark Element #4: Date of Trademark

And the fourth element would be whether you are using your trademark already (in which case you would have to put the date of first use) or if you're only planning to use the trademark in the future. So if you're filing a trademark before the launch, you put "proposed use" or "intent to use" as it's called in the States. And if you have a date of the first use, be very careful in choosing the date that you can actually back up with evidence. So, it has to be receipts or some other evidence that you can show that this is the first date when I can prove that this brand was already being used, and you would put that date in the application.

Applying for a Trademark

So the 4 elements are the trademark, the owner, the goods and services, and the dates. Knowing these things is important to anyone who is applying for a trademark. You also need a trademark application form, and to pay a trademark application fee. If you have a product you would like to trademark, this is half the battle. For the rest, get in touch with one of our trademark experts at Trademark Factory. We can help you get your trademark settled quickly and professionally.


Disclaimer: Please note that this post and this video are not and are not intended as legal advice. Your situation may be different from the facts assumed in this post or video. Your reading this post or watching this video does not create a lawyer-client relationship between you and Trademark Factory International Inc., and you should not rely on this post or this video as the only source of information to make important decisions about your intellectual property.