Trademarks

You started your company and gave it a unique name. You designed a logo. You have a signature style. You have a signature saying that you put on all of your literature and your clothing. But do you have a trademark that is registered in order to protect your Intelectual property interests?

A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. Some examples include: brand names, slogans, and logos. The term "trademark" is often used in a general sense to refer to both trademarks and service marks.  

Most people seek counsel when they suspect that they have been a victim of Trademark Infringement.   Trademark infringement is the unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.

This firm will represent you throughout the trademark process. You may wonder, why do I need a trademark attorney if I can file for a trademark online, by myself. A trademark attorney is invaluable because a trademark attorney can: provide legal advice, conduct comprehensive trademark searches, help you understand and enforce your trademark rights, answer office actions and represent you and/or your business before the USPTO’s Trademark and Appeal Board.

Just a Trademark

The Ultimate Trademark Package

Initial consultation regarding your trademark, the trademark process, trademark classes, and estimated USPTO filing fees via telephone or video
Comprehensive clearance search for one trademark with up to five classes/services searched (Value $150)
Attorney analysis of trademark search report, prepared opinion letter, phone consultation to review and discuss clearance search
Prepare and file the trademark application with the USPTO (excluding filing fees for one class of goods/services in the amount of $275. Also, additional classes are $275 each.)
No-charge phone and email communications and updates regarding the status of your application
Respond to non-substantive office actions
Forward the trademark certificate to you after registration
Prepare and file Statements of Use/Requests for Extension (if applicable)
Prepare and file the trademark application with the USPTO (including filing fees for one class of goods/services. Additional classes are $275 each.)
Prepare and file the trademark application with the USPTO (including filing fees for one class of goods/services. Additional classes are $275 each.)
Respond to substantive office actions
Prepare customized cease and desist letters against trademark infringers
Consultation on naming strategy, brand development, brand materials, marketing, domain name and social media usage
Ongoing, helpful tips on protecting your brand and your new registered trademark

After you file a trademark application the United States Patent and Trademark Office (“USPTO”) may issue something called an office action. When an office action is issued on your trademark filing, this can be as serious as a refusal of your trademark application, or, simply a request to amend something in the application.

The "Just A Trademark" package includes non-substantive office actions. These office actions may require an amendment to your trademark application but is not a refusal of your trademark filing. These can usually be answered via a phone to the UPTSO office or via letter. Substantive office actions are not included but may be handled for an additional fee.

The "Ultimate Trademark Package" includes both non-substantive and substantive office actions. A substantive office action is generally considered a refusal of your trademark due to the similarity to a pre-existing application or trademark. We will respond to substantive office actions which requires substantial legal research and a robust written response if you chose to fight the office action. The "Ultimate Trademark Package" also includes consultation about branding, ongoing support, and we will pursue cease and desist claims against people who illegally use your registered trademark.

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