TRADEMARK REGISTRATION
There are numerous advantages to securing federal registration of a trademark, including:
For more information, see our VIDEOS about the differences between the TM, SM, and (R) symbols and the benefits of federal registration.
- National scope of protection (compared to limited geographic range of common law trademarks)
- Ability to recover profits, damages and costs for infringement, including the possibility of receiving treble damages in certain circumstances
- Right to use the ® symbol in connection with the mark, which may deter potential infringers
- Ability to have the customs service block importation of goods bearing an infringing mark
For more information, see our VIDEOS about the differences between the TM, SM, and (R) symbols and the benefits of federal registration.
Our Registration Package
Rather than charging an hourly rate or separate fees for each stage of prosecution, which makes the cost of your registration unpredictable, we offer a single, low, flat rate for the entire prosecution process, including government fees. This package includes all of the following (if necessary in your case):
Clearance Search - Is Your Mark Available? |
Statement of Use - Or Request for Extension of Time |
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A thorough trademark search is an essential first step in the registration process to ensure that your proposed trademark is available.
Your trademark is what identifies your goods and services over those of your competitors. It's how your customers find you and identify your products. So, the last thing you want to do is to develop a brand identity only to discover that someone else used your mark first or that yours is confusingly similar to someone else's. But the laws regarding trademark registration are complicated and not easily navigated. Therefore, a trademark search analyzed by an attorney registered with the U.S. Patent and Trademark Office is an essential first step in getting your trademark registered. A thorough search will help you to eliminate potential marks that are unlikely to be accepted by the PTO and offer you the best protection against infringing the rights of others. Our search will include not only federal and state databases of registered trademarks, but also searches for corporate filings, domain names, social media and a general internet search. Trademark Application - Protect Your RightsThe application process can be a tricky one. It is important to select the right type of application for your purposes and to correctly identify the goods and services for your mark. Simple mistakes in your application can cause unnecessary delays and possibly result in rejection of your application. We ensure that your application is done right the first time.
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Federal trademark protection is only available for marks that are actually in use by their owners. However, it is possible to apply for registration prior to use if you have a bona fide intention to use the mark. Once the mark is determined by the Trademark Office to be acceptable for registration, you must file a Statement of Use or a request for an extension of time to file the Statement of Use.
Response to Office ActionsWhen the Trademark Office reviews your application, there are many reasons why it may determine that your mark is not eligible for registration. Perhaps there is another similar mark already registered. Perhaps your mark is merely descriptive of the types of goods or services being offered. Perhaps the name of your mark is scandalous or defamatory. Maybe there is simply a procedural mistake in the application.
Whatever the reason, if the Trademark Office decides to reject your application, it will do so in a document called an "Office Action." A skilled trademark attorney will know how to navigate these rejections and can often provide an argument to the Trademark Office as to why the rejection is improper and the registration should be allowed. AppealsIf, after responding to any office actions, the trademark examiner persists in rejecting your application, the next course of action is to file an appeal with the Trademark Trial and Appeal Board. This appeal must set forth the factual and legal arguments as to why the examiner's rejection of your mark is incorrect.
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Our Registration Package Price
As described above, we offer the full range of registration services above for a single, low price, including government fees.
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