Trademarks: Drawing and Description Requirements!

The United States Patent and Trademark Office (USPTO) has very formal drawing and classifications’ requirements for filing trademark applications.  Once, you have performed a trademarkability search and have found a mark that you want to file; you should work with a professional that is familiar with the Trademark Manual of Examining Procedures (TMEP) and the International Classification of Goods and Services Manual.

The goal is to ensure that you achieve your current and future business goals, and can draft something that will be approved by a trademark examiner.  This process often requires responding to a USPTO Office Action and negotiating with a trademark examiner.  In going through this process, you should remember that the drawing defines your mark.

The more elements or features that you have in the drawing, the more room you leave for a potential infringer to design around your mark.  This is analogous or similar to the concerns in drafting patent claims.  Generally, the more elements or limitations that a patent claim has, the easier it is to design around the claimed invention.

On the other hand, drafting the description of services and goods is similar to drafting a patent specification.  Not only, does the language have to comply with the USPTO’s requirements; but, it must allow you to expand into other product or serivce lines.  The language of the description of services and the classification process helps you retain the ability to expand into growth areas in the future.

Traditionally, patent and trademark practitioners do not believe that the two areas of law can be blended together.  However, there are a variety of similarities between patent and trademark law that permits individuals to utilize similar skills to assist the client.  If you have any concerns or question regarding the USPTO’s drawing and description requirements, then please contact us.

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