Trademark Prosecution
Federal registration of a brand as a trademark is the single most powerful act for its protection. It can set priority and deter infringers nationwide, even in areas where one has not yet begun to operate. When used as a base application under the Madrid Protocol, federal registration also enables registration in major foreign markets as well. Considering that such registration can be made for a relatively low filing cost, with modest operational labor, there is little justification for avoiding it for any serious marketing concern in the United States. Registration of a mark can even be made in advance of commercial use in what is termed an "intent to use" application.
Although registration may be relatively simple and hassle-free, more challenging issues can emerge in prosecution in some cases, including conflicts with blocking citations and descriptive subject matter. These potential complexities counsel toward retaining attorneys with expertise in the field. First action turnaround typically takes 3-6 months, allowing many of these issues to emerge early in the trademark application process, before major cost has been incurred. Thus, trademark prosecution can be an integral tool in brand planning, as well as protection. The resulting higher priority against potentially conflicting marks is also a good reason to begin the registration process as early.
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