If you are offering goods or services under your trademark to consumers outside of the United States, it may be prudent to seek protection in both the United States and abroad.

A U.S. trademark registration will not protect your trademark in other countries, therefore, protecting your trademark in foreign countries is a business strategy one should consider. Foreign countries have their own laws and requirements related to trademark protection within their jurisdiction and, in some cases, a proactive approach to securing protection can save you time and money in cases of future infringement. When selecting countries in which to secure foreign trademark registrations, there are a number of factors to consider, including your target consumers, projected expansions and any defensive filings.

The owner of a trademark is the person or entity who is in control of the operations and the nature and quality of the goods and/or services sold under the trademark. If the registered owner is not in control and not the true owner, the registration may be deemed void.

It is important to submit accurate information about the owner of a trademark when filing an application.  Amending the name of an applicant on a trademark application is not permitted, except in cases of certain types of errors (typos, misspelling, etc..).
 
If you own a business and maintain sole control of the use of the trademark (i.e. as the only member of an LLC), you may apply to register the trademark as an individual or entity. A trademark owned by an entity will be considered a part of the valuation of the business. This may be an important consideration for you if you may seek investors for your business or wish to sell it in the future.  

If you are not the sole member of an LLC or the sole owner of a corporation whose goods or services will be offered under the trademark, a trademark application should list the entity as the proper owner of the trademark.

You can transfer ownership of a trademark in the future, if you ever sell a business, by recording a trademark assignment form.

The trademark registration process has many stages which can impact its length. Generally, the process can take between 12-18 months from application to registration. The process also depends on whether the application is for a trademark that is already used in commerce, or for one that is based on intent-to-use.

There are some extra steps required when filing an intent to use application that may add some time to the process.

Yes. If you have not started using your trademark to offer goods or services, you can file a trademark application on an intent-to-use basis.

In fact, as soon as you file an application, you are afforded a constructive use date, which means you have priority rights over anyone who uses or applies for the same mark for the same goods/services after your filing date.

However, you cannot obtain a trademark registration before you submit proof showing use of your mark in connection with your goods/services. Any projected launch dates and timelines for your goods/services should be carefully considered when you are applying for a trademark.

Yes, common law trademark rights are based on a judicially created scheme of rights governed by state law and developed through use. Common law trademark rights are limited to the geographic area where the mark is used.

In contrast, federal trademark rights are based on a federal statute and do not initially require use of the mark. Federal trademark rights do not have the geographic limitations of common law trademark rights.

Acceptable proof of use in commerce varies, depending whether you are selling goods or providing services.
For goods, use in commerce refers to the product being sold or shipped within the United States in the ordinary course of trade with the mark displayed on the product itself or on exterior materials such as packaging, tags, and labels. A point-of-sale display or brochure may suffice as a specimen of use for goods. A B2C website where your goods are available for purchase may also be acceptable. Advertising and marketing alone are generally unacceptable to show use in commerce.

For services, use in commerce refers to the services provided within the United Sales in connection with the mark. Acceptable specimens of use for service marks may include advertising and marketing materials displaying the mark and referencing the services identified in the application. A website where your services are advertised may also be acceptable.

The USPTO generally examines applications in the order in which they are received. However, in certain instances a request to advance the initial examination of an application out of its regular order may be made.

The first way to expedite examination is through a request to “make special.” A request to make special may be submitted where the expedited application is for a mark that was previously inadvertently canceled or expired.

The second is by filing a petition to “make special.” A petition to make special is only granted when special circumstances exist, for example, existence of actual or threatened infringement, pending litigation, or the need for a registration as a basis for securing a foreign registration.