TRADEMARK PROCESS

 Your business relies on its name for its reputation and to stand out in a sea of competitors. If a competitor begins using the same name, it causes confusion and impacts operations and the potential for business success. On the other hand, if you start running a business and haven’t checked that there is not someone already using that name, you can run into serious issues, especially if that name is already trademarked. 

 

 It is not sufficient to simply Google the name to check if it’s in use. An attorney needs to run a full clearance search to ensure that you are not infringing on someone else’s trademark. If you are using a name/design that someone has already been using or used in the past, they can sue you. These litigation costs could run you upwards of $20,000. You would also have to start all over with a new domain, new products, new logos, etc. 


Step 1: Comprehensive Trademark Search

Once you complete our engagement form, we will conduct a comprehensive federal, state and common law trademark search.  Our search works to identify any potential issue with your desired trademark prior to making a trademark filing.

The process for registering for a trademark with the USPTO (U.S. Patent and Trademark Office), it is short but full of complexities. Failure to accurately complete the application can result in your application receiving an Office Action, where a trademark examining attorney lists the legal issues on your application, or being denied. Do it the right way, step by step, with an attorney. Were you to receive one regardless, having an attorney properly respond to an Office Action can result in your application being approved. This can save you time and money by being able to use your mark without having to re-apply for trademark protection.

THE PROCESS

CLEARANCE SEARCH FEE INCLUDES:

  • Comprehensive trademark search

  • Trademark search results memorandum

 

TRADEMARK FEE INCLUDES:

  • ​Comprehensive trademark search

  • Trademark search results memorandum

  • The filing fee for one class of goods/services

  • Assistance with gathering the required documentation

  • Preparing and filing the trademark application

  • Serving as the Attorney of Record for your application to ensure smooth processing (approx. 8-12 months)

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