Trademark Applications: Pre-filing Considerations

Summary

This practice note discusses the issues that practitioners should consider when advising clients on whether to file a federal trademark application. Such issues include registrability of the mark, whether the application may be blocked by prior marks based on likelihood of confusion or challenged by third parties, trademark clearance searches, timing / length of use considerations, whether the mark will be used in a trademark manner, costs, and filing in the United States versus in foreign jurisdictions. The note also discusses the various benefits of federal trademark registration.