Trademark Applications and Protection: Parallel vs. Serial Approach

Description

Before adoption and use, potential trademarks are typically searched, cleared, and considered in parallel, not serially, thereby permitting several options to be considered at the same time. The applicant may file multiple intent-to-use applications in parallel. Further, when planning to file and seek protection outside the U.S., the parallel approach is often used.

However, sometimes taking a serial approach may be more appropriate. With certain types of applications, such as applications to register descriptive or non-traditional marks, filing serial applications may be a better option. Also, it is sometimes best to seek a registration of a mark on the Supplemental Register first, after which the mark can establish acquired distinctiveness, before applying for a registration on the Principal Register.

Trademark applicants and their counsel must understand the benefits and challenges of both parallel and serial approaches to maximize protection of the trademark.

Listen as our authoritative panel of trademark attorneys examines the circumstances that should be considered in determining whether and when to file trademark applications using a parallel or a serial approach. The panel will explore the benefits and challenges of parallel and serial applications in specific situations, and the best practices for each approach.