How can you deal with the federal government bureaucracy and successfully maneuver the mechanisms of registering trademarks and service marks with the U.S. Patent and Trademark Office (PTO)?

There are two types of rights involved with a mark: the right to register the trademark and the right to use it. The first user, or the first one to file an application, generally has the right to register that particular trademark. Usage rights are sometimes more complicated, especially if there are other entities that have used the same or similar marks. There are legal remedies to clarify rights´ issues and you should consult an attorney if there is any question about trademark conflicts.

There are three classes of registration. If you are already using a trademark in your business, you can register a "use" application. Second, a business that has not yet begun to use a trademark but intends to use it can file an "intent-to-use" application. Third, an applicant from outside the country may file for registration based on an application in another country.