Trademarks

ENSURE THAT YOUR BUSINESS REMAINS ONE OF A KIND

Here is How It Works

1. Trademark Search

YOU’LL BEGIN THE PROCESS BY FILLING OUT AN INTAKE FORM SO WE CAN GATHER THE NEEDED DATA FOR THE TRADEMARK SEARCH AND APPLICATION.

A TRADEMARK SEARCH WILL BE CONDUCTED TO SEE IF THERE ARE ANY MARKS THAT COULD POSE A HURDLE FOR REGISTRATION (I.E. SIMILAR COMPANIES USING A SIMILAR TRADEMARK IN THE SAME INDUSTRY).

THE FEE FOR A TRADEMARK SEARCH IS $500.

2. Trademark Application

IF THE SEARCH RESULTS SHOW THAT THERE ARE NO COMPANIES WITH CONFUSINGLY SIMILAR NAMES AND SERVICES, THEN YOUR APPLICATION WILL BE FILED BY THE USPTO.

THE FILING FEE IS $1500 + APPLICABLE FILING FEES ($250-$350 PER CLASS)

*A TRADEMARK REGISTRATION PROTECTS ONLY THE CLASSES OF GOODS AND SERVICES YOU HAVE CLAIMED IN YOUR APPLICATION.

IF THE SEARCH RESULTS SHOW THAT SIMILAR COMPANIES WITH SIMILAR TRADEMARKS ALREADY EXIST, LET’S DISCUSS REBRANDING.

3. Trademark Approval

IF THE USPTO APPROVES YOUR TRADEMARK, IT IS THEN ‘PUBLISHED FOR OPPOSITION’.

IF NO THIRD PARTY OPPOSES DURING THE 30-DAY OPPOSITION PERIOD, YOUR TRADEMARK WILL PROCEED TO REGISTRATION WHICH TYPICALLY TAKES 11-12 WEEKS.

THEN WE CELEBRATE!

IF THERE IS AN ISSUE WITH YOUR APPLICATION, WE WILL RECEIVE A NOTICE KNOWN AS AN ‘OFFICE ACTION’.

Office Action: Step One

AN OFFICE ACTION IS AN INITIAL REJECTION OF THE TRADEMARK APPLICATION, WHICH COULD BE AS MINOR AS REQUIRING SOME ADDITIONAL INFORMATION OR AS MAJOR AS THE TRADEMARK EXAMINER FINDING COMPETING MARKS THAT THEY BELIEVE ARE TOO CONFUSINGLY SIMILAR TO YOUR MARK.

AT THIS STAGE, WE WILL DISCUSS THE SIMILARITIES BETWEEN THE CITED MARKS AND DETERMINE WHETHER YOU WISH TO INVEST IN PREPARING A SUBSTANTIVE RESPONSE TO THE OFFICE ACTION.

SUBSTANTIVE RESPONSES BEGIN AT $2500.

Office Action: Step two

THE SUBSTANTIVE RESPONSE MUST BE SUBMITTED WITHIN 6 MONTHS.

IF THE OFFICE ACTION IS DUE TO THE EXISTENCE OF A SIMILAR COMPANY, WE WILL RESPOND WITH A FORMAL LEGAL ARGUMENT.

THE ARGUMENT INCLUDES EVIDENCE THAT PROVES THERE IS A SIGNIFICANT DIFFERENCE BETWEEN YOU AND ANY SIMILAR BRANDS.

Office Action: Step three

A) IF THE USPTO ACCEPTS THE ARGUMENT(S), THE MARK WILL BE APPROVED AND PUBLISHED FOR OPPOSITION.

B) IF THE USPTO ISSUES A FINAL REFUSAL, WE CAN FILE A REQUEST FOR RECONSIDERATION AND/OR APPEAL TO THE TRADEMARK TRIAL & APPEAL BOARD WITHIN 6 MONTHS OF THE FINAL REFUSAL.

APPEAL INVESTMENT STARTS AT $3500.

Frequently Asked
Trademark Questions

A trademark is a recognizable name, logo, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark is meant to exclusively identify a product or service as produced by a specific company and recognizes the company's ownership of the brand.

If you do not register your trademark, you only have rights in your geographic scope where your services are offered. Registration provides national protection.

A trademark class provides information about the type of goods and services offered by the owner.

Yes! Let’s hop on a call.

This article is designed to help any business owner or personal brand developer understand trademarks. From how they work to the value a trademark can represent for you, this article offers the fundamental facts about trademarks, including:

  • What trademarks are and what they protect against.
  • The two key types of trademarks and the information needed to develop them.
  • How to get started on your trademark creation, and how to ensure compliance along the way. Read More

Trademarks are a vital element of any brand’s identity. They are a protection for the brand's identity and reputation. But what does it take to register a trademark successfully? How can you guarantee your application will be approved? This article dives into these important questions that every business owner, social media influencer, and brand builder needs to know, notably:

  • How long a trademark clearance search takes (and why you absolutely need one).
  • Two key reasons trademark applications get rejected and how to avoid them.
  • What you need to do after your trademark is approved. Read More

It is increasingly apparent that a company is only as strong as its brand, which is, in turn, only protected by your trademarks. So what happens when a competitor starts trying to use your name or a similar one to sell their inferior products?

When this happens, you call a lawyer to discuss trademark infringement. This article covers the basics of trademark infringement and the available remedies that every business owner, brand builder, and content creator needs to understand, including:

  • What is considered trademark infringement, and how you can remedy it.
  • The 12 factors that determine trademark infringement in U.S. courts (you will never guess all 12!).
  • How to calculate damages in trademark infringement cases, and why it is tough to recover them. Read More

Intellectual property protections are all about shielding your hard work and effort from theft or abuse by others. Copyright is one of three major tools, along with patents and trademarks, which defend your brand, identity, or creative work from harm. This article focuses primarily on copyright, answering many essential questions every creator needs to consider, such as:

  • What is copyright, how is it different from other intellectual property protections, and what type of material does it cover?
  • How long does copyright last (the answer might surprise you!), and what protections does it offer?
  • What is considered fair use of copyrighted materials, and what remedies are available for copyright infringement? Read More
Accessibility Accessibility
× Accessibility Menu CTRL+U