Trademarks

The Trademark Search and Clearance process is the essential first step to registering a trademark with the United States Patents and Trademarks Office (USPTO). The process consists of a comprehensive search and detailed review of the search results for pre-existing a) common law and abandoned trademarks, b) pending trademark applications, or c) other prior uses of the applied-for mark that may bar or invalidate the desired registration.

We have a longstanding relationship with our trusted search partner and years of experience with careful analysis of the extensive search results they produce. We can assist you with all of your trademark search and clearance needs to save you time, money, and headaches that could result from neglecting to take this imperative first step.

Trademark Registration is the process of seeking federal protection against infringement of your brands, logos, and trade names. The process involves filing an application with, and paying a fee to, the United States Patents and Trademarks Office (USPTO). This is a lengthy process that could take from 10 to 18 months to complete and may be tedious for the inexperienced applicant. The trademark registration process should always start with a Trademark Search and Clearance prior to filing the application and should be carefully managed to avoid a refusal of desired registration by the USPTO.

Since 2005, we have successfully registered numerous trademarks on behalf of our clients, helping many overcome tough challenges posed by the USPTO examining attorney,  enter into co-existence agreements with conflicting trademark owners, and avoid costly mistakes that would otherwise have long-term negative consequences. If you need help registering your trademark or overcoming unanticipated difficulties with the application process, give us a call today. We’re here to help. 

Every successfully registered trademark must be renewed between the 5th and 6th year after the date of registration. The renewal is done by filing a Declaration of Use with the United States Patents and Trademarks Office (USPTO). In addition, this is your opportunity to file a Declaration of Incontestibility claiming incontestable rights to your trademark. Thereafter, a trademark must be renewed every 10 years. The Trademark Renewal process is crucial. Failing to renew your trademark in a timely manner will result in a loss of your trademark protection. 

We understand that most business owners don’t have the time to worry about trademark renewal deadlines or figure out what, when, and where to file the proper trademark maintenance forms. That’s why we offer our clients a hands-off approach, handling the entire trademark renewal and maintenance process for them. Give us a call today and let us worry about the important renewal deadlines.

Every year thousands of new trademark applications are submitted to the United States Patents and Trademarks Office (USPTO) for registration. Some of those applications may be for trademarks that are identical or confusingly similar to yours. How will you know? The USPTO will NOT notify you of such submissions until that trademark application is published for opposition. But if you’re not aware of the existence of such conflicting marks, how will you file your opposition? This is where Trademark Monitoring comes to play. 

Trademark Monitoring provides you with a timely notice whenever a trademark application is submitted to the USPTO for a mark that is confusingly similar to yours. Our trademark monitoring services are designed to give you peace-of-mind, knowing that we are policing the USPTO database to notify you of potentially conflicting marks before they are registered as trademarks. Give us a call today to discuss our trademark monitoring services.  

It’s not enough to register your trademark, you must also take intentional steps to protect it from infringement and misuse. Trademark Protection not only requires you to take action against infringement by people you don’t know but also misuse by people you do. This includes misuse by your distributors, licensees, affiliates, representatives, agents. In addition, you must also monitor the way the public uses your trademark to prevent it from becoming a generic term (which is what happened to “Escalator”). 

We can help you protect your trademark by sending cease & desist letters and going after anyone infringing on your trademark, help you draft proper business agreements to prevent misuse of your mark by the people you work with (i.e. distributors, resellers, ETC), and advise you on the best steps to take to prevent your trademark from becoming generic. 

If you received an a) Office Action from the United States Patents and Trademarks Office (USPTO) regarding your trademark application, b) a 2(d) Refusal because of a prior filing or confusingly similar mark, c) a Notice of Opposition after the USPTO published your application d) or a Cease and Desist Letter from someone or an entity claiming that you are infringing on their trademark, and you don’t know how to respond, give us a call – we can help. 

Is someone cybersquatting on your domain name or claiming that your cybersquatting on theirs? If you’re in need of an experienced Domain Name Dispute Resolution (also called a UDRP Dispute Resolution), we have the experience and expertise to help resolve the matter. We have ample experience with filing and responding to UDRP Complaints through the World Intellectual Property Organization (WIPO) and ADR Forum. Give us a call now – we’ll be glad to assist you and advocate on your behalf.