How To Add Goods And Services To Your Existing Trademark

As a business becomes successful and grows, it will often need to make a number of adjustments in order to stay current and remain competitive. How a business operates and what it does can change with time. Perhaps a business would like to expand to maximize on a trending opportunity. In other cases, a business might like to focus more of its attention on a niche aspect of the company’s offerings. Keeping legal protections in place to protect all the hard work a business puts into new endeavors against fraud is essential, but maintaining brand consistency can be important, too. As a result, business owners frequently wonder whether it is possible to add goods and services to existing trademarks. For answers to this question and many more, consider contacting a Kansas trademark attorney at Grabbe Law Office. Call (785) 621-4711 or book a free 15-minute consultation online today.

Is It Possible To Add Goods or Services to An Existing Trademark? 

According to the United States Patent and Trademark Office (USPTO), a trademark provides legal protections for creations including words or symbols that define a specific service or product. Trademarks provide a vital safeguard for an entity’s brand identity and offerings. This is why trademarks are so widely used amongst various businesses. 

A business that does make changes or shifts in operations and currently has a trademark may want to use the trademark protection that is already in place to cover new service offerings or additional product lines. However, it is not that simple. An existing trademark cannot have goods or services added to it. If you manage a business and you are wondering how to update your brand’s intellectual property protections to include additional goods or services using a trademark, a trademark attorney at Grabbe Law Office may be able to help you. 

Why a Business Cannot Add Goods or Services to Registered Trademarks

When an application is submitted to be examined by the USPTO, it must include specific and highly detailed information. Every aspect of a potential good or service must be documented to show that a trademark is warranted and that what is being trademarked does not infringe on anyone else’s protected property. 

Due to the intricate and meticulous nature of trademark applications when a trademark is registered, updating it with any other goods or services would change the makeup of the trademark. The updated information could be in conflict with the initial, approved application. This means that any new product or service a business would like to see trademarked must be registered separately to account for the intensive review process and to ensure that the trademark is unique. 

Trademark Registration Process Explained 

Identification is the first step in the trademark registration process. This is the stage in which the actual goods and services that are meant to obtain protections through a trademark are selected. Next, the goods or services in an application will be put into one of the 45 different classes that the USPTO uses to organize applications and registrations. Determining which of these classes a particular good or service falls into can be complicated. An experienced attorney can often help business owners with this step and assist them in aligning their goods or services to the appropriate class. 

For the application to be approved, the USPTO examining attorney must find that all legal aspects have been met and there are no issues, and that the application is not infringing on other trademarked goods or services.

Adding More Goods or Services to a Trademark

If a company wants to add more goods or services and wants them protected through a trademark, it is necessary that the trademark registration process start over again. This requires filing a new application. A business will not be able to add goods and services to existing trademarks. 

Business owners may find it cumbersome to have to go through the process more than once. However, it is not uncommon for companies as a matter of practice to file several trademarks as their business expands. The point at which where a company begins its operations is not always the same point where it stays over time. The United States Small Business Administration (SBA) explains that trademarks can be useful for businesses of all sizes and at any stage including startups, small businesses, or prospective entrepreneurs and large companies. New trademark applications are an expected part of the business expansion, growth, and maturation journey. 

How Long Does It Take to Get a Trademark Registered? 

Filing for a trademark and being successful with approval will not happen overnight. The process can be lengthy. Considering that there are thousands upon thousands of applications that are filed every year, each USPTO reviewing attorney has a full plate. In general, business owners should expect an estimated 8 to 11 months before their application may be reviewed and a determination made. 

A business that files a trademark application can monitor the status of their application. The Trademark Status and Document Retrieval (TSDR) system is helpful for this. Business owners who are understandably anxious to see their application move forward may find it beneficial to use this tool and check in on things every few months. 

When Should A Trademark Application Be Filed? 

Starting the trademark application process early is often advisable due to the time it takes to obtain approval. Obviously, not all trademark applications are approved. When a trademark is not successful and instead, refused, there may be multiple steps necessary to get from point A to point B with a registered trademark.

A refused application may come with information on how to make adjustments and fixes to resubmit. If the issues are not addressed correctly, the trademark will not be registered, so it is imperative for the business to act on any information or instructions provided with the USPTO’s refusal. In many cases, it is possible to take a rejected trademark application one step further and appeal the initial refusal. All of these actions have a limited amount of time to respond, and failure to meet deadlines will result in an abandoned application. 

Speak to an Experienced and Dedicated Trademark Attorney Today 

Due to the critical nature of trademarking goods and services, and the time it can take to secure final approval, starting off on the right foot is essential. Rejections and appeals add even more time, potentially putting a business far behind its goals. While it is not possible to add goods and services to existing trademarks, it is possible to file for new trademarks, and business owners who have been through the trademark application once will appreciate the importance of beginning the process early and checking on an application’s progress often.

If you would like assistance with the trademark application process, call the Kansas trademark attorney at Grabbe Law Office at 785-621-4711 or visit us online to schedule a free 15-minute consultation. The trademark registration process can be confusing, but you do not have to take it on by yourself.