Trademark Law
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Trademark Counseling
Before starting a new business or brand it is advisable to determine whether the proposed brand or business name is available for use or whether it will infringe the rights of other parties – thus avoiding delays or costly mistakes.
We offer comprehensive trademark services, such as trademark searching, registration and prosecution, responding to office actions, filing statement of use, renewals and declarations of incontestability, plus more.
Trademark Litigation
We can protect your brand integrity by filing lawsuit against confusingly similar marks. This can result in the recovery of damages for any harm that was caused by the infringing party and serve as a deterrent to future infringement,
FLAT FEE PRICING
We offer flat fee pricing for variety of services registrations, office actions, maintenance, and more…
DEDICATED ATTORNEY
All filing done by a real licensed attorney, not paralegals or assistants.
SIMPLE & EASY PROCESS
We’ll handle all of the paperwork remotely, so you can focus on running your business.
CLIENT FOCUSED
We are always available to discuss the status of your trademark.
What is a trademark?
A trademark is a word, name, or symbol, or any combination of these, that is used to identify a particular product or service offered by a business. Trademarks is also known as a business’s “brand name”. In order to qualify as a trademark, a name must be used to identify and distinguish a product or service from its competitors. Meaning, it can’t be similar to an existing mark nor can it be descriptive of the goods or service being offered. For example, NIKE and BMW are strong trademarks that are associated with high-quality shoes and cars, respectively.
What is trademark registration?
Trademark registration is the legal process of filing an application with the USPTO to register or secure registration for a brand name, logo, slogan, or other mark used to identify and distinguish your goods and services from those of other businesses.
What can function as a trademark?
Trademarks are not simply limited to words or names. A trademark can also be letters, numbers, slogans, shapes, colors, symbols, devices, shapes, nonfunctional product configurations, building designs, flavors or sounds. Simply put, anything that acts to identify your goods or services can serve as a trademark.
What are the basic eligibilities to getting a trademark?
While there are many requirements to getting a trademark, the basic eligibility threshold is: (1) The name or logo must be unique and not already registered by another business, (2) it should not confusingly similar to an existing mark, (3) it must be used in commerce to identify the products or service being sold.
What are the sources of trademark laws?
The foundation of federal trademark laws in the US are based on two sources: the Lanham Act and traditional principles of common law. The Lanham Act is the primary federal statute that deals with trademarks, service marks, and unfair competition. It provides the framework for registering and protecting trademarks, as well as for enforcing trademark rights. Additionally, common law rights are those developed by courts over the years rather than being codified in statutes or regulations. Common law rights also offer trademark protection, though there are limitations when a mark is not federally registered with the USPTO.
What is the purpose of trademark laws?
A main goal of trademark law is to protect consumers by helping them easily identify the source of the products or services they are seeking to buy. For example, if you are selling handbags, you would not be allowed to name your brand “Shannelle” because it sounds too similar to the well-known brand “Channel,” and customers might think that your handbags are made by the same company. Trademark law thus aims to prevent confusion and protect the reputation good will and reputation of the trademark holder.
How are trademark rights established?
Under common law, once you use a name, logo, or symbol “in commerce” as part of your business, you automatically receive trademark protection. You do not need to register your mark with any federal or state agency to get these rights. However, common law trademark rights are limited to the geographic area in which you use the mark. Additionally, common law rights are not as strong as the rights granted through federal registration of the mark with the United States Patent and Trademark Office (USPTO). Federal registration of a trademark provides robust protection and is necessary in order to file an infringement lawsuit in federal courts.
Should I register my trademark with the USPTO?
As mentioned previously, you do not need to register your trademark with the USPTO to have trademark rights – the mere fact that you use your mark in commerce is sufficient to create a trademark. However, registering your trademark with the federal government at the USPTO gives you the following advantages: (1) the exclusive right to use the trademark in connection with your goods or services, (2) the ability to bring a lawsuit to stop others from using your trademark or a confusingly similar one, (3) the ability to use the ® symbol, and (4) request the U.S. Customs and Border Patrol to block counterfeit goods from entering the country.
What are the formal requirements to register a trademark?
To be eligible for federal trademark registration, a name or logo must meet the following basic requirements: (1) be distinctive and not confusingly similar to an existing trademark, (2) be used in commerce, or you should have a bona fide intention to use it in commerce, in connection with the goods or services being offered, and (3) file a trademark application with the USPTO.
How long does it take to register a trademark?
It typically takes 6-9 months for the USPTO to review and either approve or reject an application. During this period, the trademark examiner may issue an office action discussing the reasons why a trademark cannot be issued. Ut is the job of the attorney to prepare a legal response to overcome the examiner’s objections.
What Is the difference between a trademark and a service mark?
Service marks are the same as trademarks, but instead of identifying goods or products, they identify services. Service marks are generally used in the financial services, food services, education, and entertainment industry. For example, FedEx is a service mark. Similar to trademarks, service marks can be registered with the USPTO to provide legal protection and the exclusive right to use the mark in connection with the identified services.
What Is the difference between a trademark and a trade dress?
Trade dress is another form of trademark protection that applies to specific designs for products, like packaging. A product design’s overall appearance may be eligible for trademark registration because it is a “symbol” or “device.” The following types of trade dresses are acceptable, according to the courts: product size, shape, configurations, packaging, color, flavor, texture, and the decor of a restaurant or business are just a few examples.
Do you need an attorney to file a trademark application?
If you are a US applicant, you do not need an attorney to file a trademark application. As a matter of fact, there are many individuals who file their own trademark applications without the assistance of an attorney. There are numerous do-it-yourself guides, and the USPTO website has many educational resources, which can help you with filing a trademark application. However, if you are a foreign applicant, you must hire a licensed US attorney to represent your before the trademark office.
Will hiring an attorney improve the chances of getting a trademark?
In a study published in the Stanford Technology Law Review, the authors found that over 80% of trademarks were approved with the assistance of an attorney. However, only 60% of applications for filers without an attorney – thus an almost 20% advantage for individuals using an attorney. The authors point out that in the life of a trademark, there are more than 500 events associated with an application. The reality is that the failure to comply or properly respond to a simple technicality by the USPTO may cause the application to fail and the trademark to be lost.
When can you use the registered trademark sign ®?
Using the registered trademark symbol ® is permitted once a trademark has been officially registered by the USPTO. Using the ® symbol prior to receiving a trademark is considered fraud and a violation of federal law. It is also actionable under state law as false advertising, misleading, and unfair business practices.
Can a trademark be assigned?
Yes, a trademark can be assigned as part of a sale or transfer to a new owner. An assignment is the transfer of ownership for the trademark as opposed to a license which only gives another person or entity the permission to use the trademark for a fee.
How can we help with you trademark needs?
As a business owner, you’ve invested a lot of money and resources into building your brand name and reputation. The best step you can take to safeguard that reputation is to register it as a trademark.
The trademark registration process can be complicated and time-consuming- but we can help you through the process. Our trademark registration service is designed around your budget and we’ll work with you to ensure that your trademarks are fully protected under the law. We will guide you through the registration process and provide ongoing support to ensure that your trademarks remain in good standing.
In addition to registering your trademarks, we also offer monitoring services to detect and alert you of competitors that may be infringing your trademark or using it without permission. This allows you to take swift action if any infringement occurs.
Investing in trademark registration protection is critical to maintaining the integrity of your brand reputation and safeguarding your intellectual property assets. Contact us today for a complimentary trademark counseling session.
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