What is Trademark Prosecution?

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.


Please be advised that nothing in this post constitutes legal advice. Every situation is different and consultation with an attorney is recommended to evaluate your specific needs. This post also does not create an attorney-client relationship with Saraiya Pllc or any of its attorneys. An attorney-client relationship can only be formed after a consultation with one of its attorneys, the firm has run a conflicts check, and a legal services agreement has been fully executed by you and Saraiya Pllc.
Bimal Saraiya
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