PRACTICE AREAS

Trademark Clearance Searches

Each business is unique and can have identifying words, symbols, designs, or phrases used to set itself apart in the marketplace. 

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When choosing these identifiers (or marks), business owners are strongly encouraged to conduct a trademark clearance search. 

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What is a trademark clearance search?

A trademark clearance search is research to determine if there are any pre-existing or similar marks already in use. 

What are the benefits of a trademark clearance search?

A trademark clearance search can:

1. Reduce your risk of being sued and having to rebrand your entire business

2. Prevent loss of time and resources if brand materials need to be modified to prevent confusion with other pre-existing marks

3. Potentially lead to improved valuation of a company

Conducting a trademark clearance search is a matter of due diligence. You want to make sure that the mark that you want to use is not already taken, even if you have already started using it.

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Once a trademark clearance search is completed by MDGR Law, we can assess whether to proceed with a trademark application based on the following:

• What is the likelihood of confusion between your mark and a comparable mark?

• Are the businesses related?

• Where is business conducted?

MDGR Law handles U.S. trademark applications for all clients, in the United States of America or international countries. 

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The application process can be complex, and filing without an attorney might lead to mistakes that could cost you your application approval, time delays, and more money to fix the application than if you had an attorney complete it in the first place. If you are not living in the U.S., you need a U.S. attorney to file your trademark application.

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MDGR Law guides you through the application process with:

• Support when compiling necessary documentation

• Preparation and submission of the trademark application 

• Continued servicing as the Attorney of Record throughout application process, which could take over 1 year

During the application process, clients may receive an office action, which is an official letter from the United States Patent and Trademark Office (USPTO). 

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Office actions identify potential issues with the submitted trademark or the application. These issues must be resolved before the trademark can be successfully registered. 

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Common office actions include refusals for 

• "Likelihood of confusion" - when the trademark is similar to one or more registered trademarks used with goods or services that are related to your goods or services. [Section 2(d)] 

• “Merely descriptiveness” - when the trademark is simply illustrating a characteristic, feature, quality, function, or purpose of the products/services listed in your application [Section 2(e)(1)]

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MDGR Law works to resolve these office actions. Some office actions 

• Require a written reply to address major legal issues 

• Need email or phone communication with the examining attorney for minor problems

• Require a call for review to determine if any response is required at all

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MDGR Law addresses these office actions for a smooth trademark process.

Contracts are legally binding agreements between different entities or persons. To be enforceable, the contracts need to contain specific elements. 

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MDGR Law can guide you through the process and work with you to create contracts that fit your needs. Common business contract needs include:

• Custom contract drafting and analysis

• Templates for common business arrangements

• Settlement demand letters

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Without contracts, businesses are open to major and minor risks.

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Business Entity Formation

There are 4 major types of business formations:

• Sole proprietorship

• Corporation

• Partnership

• Limited Liability Company

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It is vital to form a business entity in order to protect your limited liability.

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MDGR Law works with you to collect the information needed to form the entity that is right for you and your business.

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