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Trademarks

What is Trademark Prosecution?

Bimal Saraiya · March 17, 2016 ·

When I tell people I practice Trademark Prosecution, they often assume I litigate trademark disputes. That’s not what it means at all. Trademark prosecution, in fact, has nothing to do with litigation. Rather, it is the process of obtaining a trademark.

The legal world is full of words that are used based on a historical context, often involving Latin. This term, trademark prosecution (and it’s big brother, patent prosecution) is no different. If I look up the definition of prosecution online, I will learn that its 2nd definition is “the continuation of a course of action with a view to its completion.” Reading further, I’d learn that it comes from the Latin word prosequi which means “pursue, accompany.”

Now it starts to make a little more sense. Trademark prosecution is pursuing a trademark, and continuing that pursuit with a view to obtaining that trademark. In other words, its the process of obtaining a trademark.

This may not have been a question that’s been keeping you up at night, but hopefully the next time someone mentions trademark prosecution, you can wax eloquently on the history behind the phrase.

To learn more about trademarks and how they can help your business, contact us online or call us at 469-277-3402.

 

Principal Office

Saraiya Pllc
Business, Trademark, & Estate Planning Lawyers
7160 Preston Road, Suite 100
Plano, TX 75024
(469) 277-3400
info@saraiyalaw.com

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