Any business owner would be wise to protect the elements that set his or her business apart. This can be possible through trademarking a word, symbol, design or phrase your company uses to identify itself in the marketplace.
However, owners must conduct diligent research before settling on identifying brand material for a company. Part of this research includes performing a trademark clearance search.
After conducting a thorough trademark clearance search, we can address the following questions and make an assessment on whether to proceed.
What is the likelihood of confusion between your mark and something similar?
Are the businesses similar?
Where do you do business?
We offer a full range of trademark services to entrepreneurs, established businesses, and other attorneys (on behalf of their clients). We can assist clients from all 50 states and from countries around the world. Our Trademark Application package includes:
Trademark Clearance Searches (New and Existing Trademarks)
Federal Trademark Application Preparation
Corresponding with the USPTO on non-substantive matters
An office action is an official letter sent by the USPTO. In it, an examining attorney lists any legal issues with your trademark, as well as with the application itself. You must resolve all legal problems in the office action before the USPTO can register your trademark.
Some office actions require a written response to fix major legal problems, others suggest calling or emailing the examining attorney to fix minor legal problems, and others may require no response at all.
Common Office Actions include:
Section 2(d) "likelihood of confusion" refusal is made when an examining attorney completes a search of the USPTO database of registered trademarks and determines that your trademark is similar to one or more registered trademarks used with goods or services that are related to your goods or services.
Section 2(e)(1) refusal is made when an examining attorney finds evidence showing that all the text or design in your trademark merely describes some aspect of your goods or services.