After you have chosen a name for your business, you will probably want to register it as a trademark in order to protect your company’s rights. Before registering, however, you may want to contact an attorney, who will help you fill out a trademark search questionnaire and assist you in the trademark registration process.
The Importance of Performing a Trademark Search
What exactly will your attorney do with a trademark or service mark questionnaire? Before you can register your trademark, you must perform a thorough and complete trademark search. This will bring up any existing enterprises that have a name that is the same or similar to your company’s name. While you can begin with a simple internet search, your legal team may wish to consult with the United States Patent and Trademark Office, as well as the Patent and Trade Depository Library. Remember that even when your business’s marks are similar to another company’s trademark, it can be the cause of a legal dispute.
Contents of the Search Questionnaire
Before your legal team can conduct a trademark search, they will need to know some background information about your business. Of course, you can expect to provide basic business details, such as your company’s address, phone number, fax number, email address and any other relevant contact information. In addition, you may have to give a full scope of your business’s practice, including the marks that you intend to use. Before you meet with your legal team, it may be best to gather and organize all of the information and documentation that you will need to fill out the search questionnaire. After looking over the list below, be prepared to provide the following:
• List your company’s name.
• List your full name, official title, as well as the business you represent.
• Indicate whether you have the appropriate authorization to act on behalf of the listed enterprise.
• Name your company as a sole proprietorship, corporation, partnership, limited liability company or other business type.
• If you file as a sole proprietor, you may be asked to indicate the state of your citizenship.
• If you file as a corporation, you may be asked to describe the current state of incorporation.
• Indicate whether you intend to file for state registration, federal registration or both.
• If you intend to file for state registration, list the states in which you would like your company’s trademark recognized.
• Include whether you would like to register your mark in other countries, and what countries those are.
• List the date on which you intend to begin using your name and/or mark.
• List what type of products, business or services that your mark will apply to.
• Print, type or otherwise attach the exact items you wish to trademark. It may be convenient to provide your legal team with an electronic copy as well.
• If you’ve performed any trademark research, you should provide your legal team with the results of your efforts. This may mean a simple overview or could include relevant documentation.
• You’ll also be asked to acknowledge the accuracy and validity of the provided information with a signature and date.
Keep in mind that you may have several options when it comes to registering your mark. These include registering only words, words in a particular font, words with a logo, domain name, enterprise name or a specific design or logo. It is crucial to choose the option that best applies to your company. With the necessary information in hand, your legal team will be able to begin the trademark search. As long as there are no conflicts, you’ll be able to move on with the registration process.
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.