Trademark

What Is a Trademark?

A trademark is a name, phrase, word, or symbol that is capable of distinguishing the goods or services of one source (business, person, etc.) from those of another. Registered Trademarks can have statewide, nationwide and potential internationally protectable rights which we can help you obtain.

Obtaining a Registered Trademark

At the national and state levels, trademark protection can be obtained through registration. This process includes filing and prosecuting an application for registration with the applicable trademark office and paying the required fees. At the international level there are two options: the first involves filing a trademark application with the trademark office of each desired country in which protection is sought. The second international option includes filing an application through the World Intellectual Property Organization’s (WIPO) Madrid System, which essentially serves as one application for all participating countries. We are here to assist clients through the trademark application and prosecution process. Although it’s possible to submit your application without an attorney, it’s not recommended. This is because trademark applications can be both tricky and expensive. Since application fees cannot be refunded and certain mistakes in an application cannot be undone, it is important to get things right the first time.

How Long Does the Process Take?

The trademark office examines applications in the order in which they are received (for the most part). When a trademark application is submitted, an examiner is usually assigned to the application after six months. The whole process can take 6-18 months.

Protecting the Name of Your Business vs. the Logo of Your Business

One thing that trips a lot of people up is the difference between the name of your business and the logo of your business (if you have a logo). As ridiculous as it may sound, these are not covered under one trademark application. This means that if you have a name that you want to protect and a logo that you want to protect, two applications would need to be filed with the trademark office. As an example, Nike has a trademark to protect their name, the word “Nike” itself. They also have a separate trademark to protect the “swoosh” logo that is associated with their name. If you are looking to protect your business name and logo, be prepared to file several applications.

Benefits of a Registered Trademark

First, a registered trademark is listed in the United States Patent and Trademark Office’s (USPTO) database of registered and pending trademarks. This provides public notice to anyone searching for similar trademarks. This may help deter others from using your trademark or one too similar to yours. Others will see your trademark, the goods and services on your registration, the date you applied for trademark registration, and the date your trademark registered. In addition, you get to use the federal trademark registration symbol “®” with your trademark to show that you are registered with the USPTO. Second, with proper registration, there is a legal presumption that you own the trademark and have the exclusive right to use it. Third, if there is ever an infringement issue that requires litigation, the registration allows you to bring a lawsuit in federal court. Fourth, trademark registration will confer an exclusive right to the trademark nationwide. This means that the trademark can be exclusively used by its owner and no others. Exclusivity is a valuable asset, especially in name recognition and branding. This right to exclude allows the owner to license or sell the right (as an asset) to another party for use in return for payment. Without registration, these benefits won’t apply or at the very least, will be limited in geographic scope. This is why it is worth obtaining registration.

Duration of Protection

A trademark has the potential to last indefinitely, so long as it is maintained properly with the USPTO. To keep a trademark alive, fees are due in back to back five year durations followed by ten year durations until the user abandons the mark.

Things that Can be Registered as a Trademark

A word or a combination of words, individual letters, and numbers can perfectly constitute a trademark. In addition, trademarks may also consist of drawings, symbols, three-dimensional shapes, non-visible signs such as sounds or fragrances, and potentially color when used as a distinguishing feature of the trademark.

Services We Provide

• Preliminary Trademark Search
• Trademark Application and Prosecution
• Trademark Maintenance