What Goes Into a Trademark Application?

Find out what the main parts of a trademark applications are:

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TRANSCRIPT

A trademark application has 4 main elements to it.

So the first element is obviously the trademark itself: what is it that you are trying to protect as your trademark.

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.

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.

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.

So the 4 elements are: the trademark, the owner, the goods and services, and the dates.


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See our answers to other frequently asked questions about trademarks or leave your comments below!


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