Patent Application Versus Trademark Application

Posted by Michael Shimokaji | Apr 08, 2014 | 0 Comments

Question: Do I have to file my company trademark separate from the patent of my product?

I am submitting an application for a design patent of a product and am wondering if the trademark of the name that is available, as I've confirmed through the USPTO, needs to be submitted independent of the patent I'm applying to for my product.

Or, will the USPTO consider the trademark along with the patent I'm applying for under the application and the fee I'm submitting.

Answer: Yes, your patent application and trademark application need to be separate. They also have different requirements for information to be submitted.

About the Author

Michael Shimokaji

Michael’s expertise includes the strategic development of patent and trademark portfolios. He identifies those patents and trademarks that are valuable to his clients by providing them with a competitive advantage. Then, Michael obtains patent and trademark registrations in the US and abroad.


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