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A long-time client called to discuss filing a very unique product trademark for his newly patented invention. The invention is off the drawing board, with a functional and fairly polished prototype, but the inventor wants to make the product more appealing to manufacturers in licensing negotiations. Can he get trademark registration for a product not yet in production? No, but he can reserve a trademark for a product anticipated to soon be in production.

An Intent-To-Use trademark application is what we plan to file. The application and government fee will reserve the trademark for six months, time enough to get the product into production. If there is further delay in production, additional six month extentions may also be filed. The advantage to the client is that his application filing date (December 2013) will be used as the "First Use" date, which may beat out potential competitors for that unique trademark, even though product production and marketing won't be until mid 2014.

 

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