Trademark Registration

• What is a trademark?

  A trademark protects specific, unique name, logo, and symbols pertaining to your products or business brand.

  Trademark protection may apply to business names, symbols, logos, sounds, and even colors that are emblematic of one specific brand. Once registered, a registrant can typically start using the ® symbol after the name, logo or slogan.

• What do you mean by unique symbols?

  Think of a bite-marked fruit associated with Apple computers; it’s an example of a unique symbol that is trademarked. The distinctive Apple logo is a unique symbol because it creates immediate brand and product recognition for consumers.

• Why is trademark registration important?

  Trademarking is an important step for protecting your brand identity. It will stop competitors from poaching your customers by imitating your brand. It can also offer you some protection if those copycats do something reputation-damaging.

• Why should I get a trademark?

  Federal trademarks provide legal protection for your brand in the entire United States, and helps guard against counterfeiting and fraud. It also gives you the ability to sue your competitors for stealing your ideas.

• Ward Off Copycats

  You will have exclusive rights to the names, slogans, and logos of your brand.

• Bulletproof Your Intellectual Property

  Protect your brand identity and make it easier to sue your competitors who steal your ideas.

• Save Your Time & Money

  Save yourself from the hassle of expensive redesigns after finding out you’re violating existing trademarks.

• ® Trademark Registration Symbol

  Once you register your trademark, you can use the ® trademark registration symbol which tells others to back off your brand, and makes your brand look more credible.

• Everlasting Investment

  Trademarks last forever, as long as you are still using it and file your maintenance documents.

• Who can qualify for trademark registration?

  Any person that claims to be a proprietor of a mark or is proposing to own the idea can apply for trademark registration. The application should clearly state the trademark, the services or goods, the address and name of the application and the period of use of the mark with a signature.

• When should I consider trademark protection for my brand?

  If you’re introducing a new brand identity or planning on offering newly branded services or products, you should consider getting your trademark registered to protect your business from copy-cats and competitors.

• What could I do if my trademark is already in use?

  You can easily stop someone from using your trademark if you can prove that you were the first user of the trademark and that both names are bound to create confusion among consumers.

  Of course, the Federal Registration will have a better mechanism to stop infringers. You will also have the common legal rights to stop them while you conduct legal business.

• Are you a law firm?

  No, we are not a law firm, and we do not offer legal advice. However, our professional team of trademark registration experts have helped over 50,000+ business owners register their trademark.

  They know the ins and outs of trademark registration, and know exactly how to maximize your chances of getting the trademark registered.

• How long will it take for my mark to register?

  The total time for an application to be processed may be anywhere from six months to several years, depending on the basis for filing and the legal issues that may arise in the examination of the application.

• What’s the difference between copyright, patent and trademark?

  Trademark

  A trademark generally protects a word, phrase, symbol and/or design that distinguishes the source of the goods -- what we think of as brand name and brand recognition. A trademark, if properly maintained, can last forever.

  Patent

  A patent generally protects an invention, including the functionality or design, or in other words, “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” 35 U.S.C. § 101. A patent typically gives the owner the exclusive right to manufacture products or employ processes covered by the patent for 20 years from the earliest priority date.

  Copyright

  Copyrights generally protect artistic works such as books, photographs, arts, movies and music.

  How long will the federal trademark registration last?

  It can last up to 10 years. The registration can easily be renewed so long as you have made sure to maintain an uninterrupted use of your trademark in interstate commerce.

Trademark Search

• What is Trademark Search Report?

  A Trademark Search Report is a comprehensive report that includes results related to a trademark search. It's useful for individuals or companies that want to register a trademark and need to know everything about availability, similar marks, and other information before they submit an application.

• Why is Trademark Search important?

  Conducting a Trademark Search would allow brand owners to identify whether any other party has registered a similar or identical mark that could prevent them from commercially using it on their products or services

• What if someone is already using a similar mark?

  You might have to consider another mark if your search shows that the one you wish to use is already in use or substantially similar to one in use. It's frustrating to deal with this, but it's important that you choose another mark in this case.

  If you don't search, or you ignore the results of a search that show a mark exists that's the same or too similar to yours, you might face expensive legal consequences.

  You may be liable for attorney's fees as well as monetary damages if you go ahead and publish and promote a product with a trademark already in use by a competitor. The competing entity can get a court order to prevent you from using the trademark.

• Should you conduct a Trademark Search?

  Yes, everyone should conduct a Trademark Search. While a search is an additional expense over and above that associated with preparing and filing an application for registration, it is an expense that often saves the client significantly in the long run.

  The search is frequently an eye-opening experience by illustrating the current and past uses of a proposed mark by others, as well as occasionally providing at least a glimpse of potential competitors in a given market.

  We recommend that you conduct a trademark search before filing an application to federally register the mark.

• How much does Trademark Search cost?

  The cost of a search can vary greatly. Obviously, a basic self-conducted, “let's see what we can find on the internet” type search costs only your time.

  A detailed third-party search may cost from a couple hundred to several thousands of dollars, depending on the geographic scope (e.g., a mark used just in the United States will cost less to search than a mark used to 3-4 countries or a mark that is used worldwide), the nature of the mark, and the associated goods/services.

  An international Clearance Search (Trademark Search) will be far more expensive than a preliminary style search.

Trademark Monitoring

• What is trademark monitoring?

  Trademark monitoring is the process of searching websites, social media, and online marketplaces for unauthorized sellers using your existing trademarks like logos, phrases, packaging, and more. It is essential for brands to monitor for trademark infringements so they can be addressed as quickly as possible when they are found.

• Why should I monitor my trademark?

  It isn’t enough to simply deal with trademark infringements when a shopper or brand employee brings them to your attention. By then, counterfeit products with your trademark have likely already gotten into the hands of shoppers, and the damage to your brand image has already been done. Trademark monitoring is a proactive measure that can not only protect your brand image, but save your brand hundreds of thousands of dollars in a trademark infringement lawsuit.

• What is included in your trademark monitoring services?

  Our Trademark Monitoring services scour the web for infringements and alert brands when there is a possible threat to address.

  We use advanced trademark monitoring software, which can track various sites all across the globe nonstop, it is far more effective and efficient (both on time and costs) than hiring employees to scan for these infringements.

  There are simply too many places across the web where trademark infringement can appear for an individual to search for alone. Personal websites that can be difficult to find, online marketplaces, and even social media platforms are popular places for trademark infringements to appear on counterfeit goods. Not to mention, brands need to monitor sites across every country in which they sell their products.

  Our trademark monitoring service makes the search for infringements far more efficient, as our software can scan sites 24/7 and make it easier than ever to address infringements when they arise.

• How do I contest someone else using or attempting to register a trademark similar to mine?

  If our monitoring service alerts you of someone else filing a potentially infringing application, there are several ways to dispute that mark’s registration. Because each situation has unique facts, you should consider contacting an attorney, preferably one specializing in trademark law.

• When do I need trademark monitoring services?

  It may seem like large businesses and enterprises are the only ones who need to worry about trademark infringement, but that is not the case. According to Cision PR Newswire, “Four out of every five small and medium-sized companies in the world suffer from counterfeits and brand abuse on the internet”.

  No matter what size your company is, your trademark could be at risk of being infringed and used on counterfeit products. It’s getting easier for these products to be sold online every day, with more and more shoppers buying online than ever before, and it’s a growing threat your brand needs to be prepared for.

Office Action Response

• What is a Trademark Office Action?

  The USPTO issues an Office Action when they find a problem with a trademark application. An Office Action gives legal reasons why the USPTO has chosen to refuse trademark registration.

  However, trademark applicants have an opportunity to respond and challenge the refusal.

• When does the USPTO issue Trademark Office Actions?

  The USPTO issues Office Actions during the examination. During the examination part of the trademark registration process, the USPTO examiner seeks out defects in a trademark application. If the examiner finds irregularities, the examiner issues an Office Action stating the defects.

• What are the reasons for getting a Trademark Office Action?

  The USPTO issues Office Actions when a trademark application does not comply with the law.

  Sometimes a minor deviation causes an Office Action; other Office Actions arise because of significant issues with a trademark application.

• Common reasons for getting a Trademark Office Action:

  Likelihood of confusion: When the USPTO determines that two trademarks would cause confusion with one another, they issue a “likelihood of confusion” refusal. Applicants may respond by making appropriate legal arguments contending that the two trademarks are not so similar as to be confusing.

  Descriptiveness: If a trademark describes the goods or services that it represents, it is descriptive. The USPTO will refuse to register a descriptive trademark on the Principal Trademark Register but may register the mark on the Supplemental Trademark Register.

  Merely ornamental: If you use the trademark as a decoration and not as a brand, the USPTO deems such use as “merely ornamental.” The USPTO refuses to register merely ornamental trademarks.

  Specimen Refusal: If a trademark specimen does not show proper trademark usage, the application gets refused. To solve this problem, submit a trademark specimen that shows adequate usage of the trademark.

  Surname Refusal: The USPTO might take issue if the proposed trademark is mainly a last name. This is called a “surname refusal.”

  Disclaimer: If a trademark contains a common word, such as “incorporated” or “studios,” the USPTO will want the applicant to disclaim that word. Disclaiming the word means that the applicant does not assert rights to that particular word. However, this decision must be considered carefully.

  Class Refusal: If you file your trademark application in the wrong trademark class (or your application requires additional trademark classes), you will need to fi that.

  There are many more reasons that the USPTO issues trademark Office Actions, but this list shows the most common causes.

• How do I respond to a Trademark Office Action?

  To respond to an Office Action, you file a form on the USPTO website. This form allows you to choose how you wish to reply.

  While this form may seem simple, do not be deceived. Since you have a limited number of chances to contest the Office Action you either need to be 100% sure that you are responding correctly (and completely) or you need to secure the services of a professional trademark agency who can complete the process.

• What happens if I fail to respond to a Trademark Office Action?

  Generally, you have six months to reply to a trademark Office Action. If you fail to respond, you risk abandoning your application. If you abandon your application, you will have to start the trademark registration process over again.

  Note that for some Office Actions, you might need to fix an underlying issue with your trademark application. Since that can take time, do not wait until the last minute. Start the response early to improve your chances of success.

• How much does it cost to respond to a Trademark Office Action?

  Depending on the complexity, costs vary. As with other trademark costs, a lot depends upon how you approach the issue. For more straightforward Office Actions, the cost to draft and submit an office action response will only be a few hundred dollars. For more difficult Office Actions, it could be thousands.

• How many types of Trademark Office Actions are there?

  There are two kinds of trademark Office actions:

  Non-final Office Action: If an issue is being raised for the first time, the U.S. Trademark Office will issue a non-final Office action. The Office action explains the problems with the application and gives the applicant an opportunity to address or correct them.

  Final Office Action: If the applicant has failed to overcome the issues raised in a previous Office Action, the USPTO will issue a final Office action. You have more limited rights to respond to final Office action