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  • What is a trademark?
    A trademark can be any word, phrase, symbol, design, or a combination of these things used to help consumers to easily identify and distinguish the products or services of a company from the products or services of another company. Examples of a trademark include a brand name, logo, slogan, course designation, stage or artist name, podcast name or the title of a signature event.
  • Why do I need a trademark?
    WITHOUT a trademark: Your brand is up for grabs by anyone. Someone may register your brand name before you to your detriment WITH a trademark you have: Legal protection for your brand or mark The exclusive right to use your mark in connection with the goods or services you provide The ability to bring legal action against anyone who uses your mark without permission The value of your brand is increased which means more money at acquisition The ability to license your mark to others for use in exchange for royalties or other compensation ​
  • I live in {insert State or Country}. Can you still file my US trademark application?
    Yes. US trademark law is federal law therefore I can handle these matters for clients located nationwide and abroad.
  • Do I need a trademark lawyer to register a trademark?
    No. But a trademark applications filed by an attorney is 50% more likely to be successful. More than 60% of trademark applications receive some type of trademark office action. An attorney can assist in responding to refusals and provide legal guidance in case of any disputes or infringement claims.
  • I received an Office Action. Can you help me?
    If you receive an Office Action from the USPTO, it means that there are issues with your trademark application that need to be addressed. The clock is ticking, and you'll have a limited timeframe to respond. Responding effectively is crucial to advancing your application. This is where legal expertise can make a real difference. As a trademark attorney, I specialize in navigating the complexities of trademark law, and I can assist you in crafting a well-informed and persuasive response. Together, we can work to ensure your trademark registration proceeds smoothly. Schedule a discovery call today.
  • How do I choose a strong trademark?
    A strong trademark is one that is distinctive, memorable, and easy to recognize. It should also be capable of being registered and protected. To choose a strong trademark, you should: Avoid marks that are descriptive or generic Avoid marks that are similar to existing trademarks Conduct a trademark search to ensure that your mark is available for use
  • How long does it take to register a trademark?
    The time it takes to register a trademark can vary widely, depending on a number of factors such as the complexity of the application, the backlog of applications at the relevant government agency, and any legal issues that may arise. On average, it can take several months to a year to register a trademark.
  • What should I do if someone is using my trademark?
    If you find someone using your trademark without your permission, don't ignore it. Contact our office. Sometimes this issues is resolved with a cease and desist letter and other times a lawsuit is needed. Every case is different so the exact response depends on your unique facts. The key is to act fast to protect your brand.
  • Can I register a trademark for a personal name?
    Yes, you can potentially register a trademark for a personal name if it is used as a brand identifier in connection with the sale of goods or services. However, there may be limitations on the extent to which you can protect your personal name as a trademark, depending on the specific circumstances and the laws of the country in which you are seeking registration.
  • I haven't launched my business or started using my brand name yet. Can I still file a trademark application?
    Yes, you can proceed with a trademark application even if you haven't yet started using the mark. We will file a 1b/Intent To Use application. After approximately one year into the application process, a Notice of Allowance will be issued, providing a six-month period to furnish proof of brand name usage. If you're not prepared to provide this evidence, there's also the option to request up to five extensions, each extending the deadline for six months to submit the Statement of Use.
  • Do I need an LLC before filing a trademark application?
    It's not a requirement to have an LLC established before submitting a trademark application. Nonetheless, it's advisable to ensure that all of your business assets, including your trademark, are registered under your business's name.
  • If I have an LLC do I automatically have a trademark?
    No. An LLC and trademark are entirely different things and not related. An LLC grants you authorization to run your business in a particular state. It does NOT give you exclusive rights over your brand name. On the other hand, a federal trademark registration gives you ownership of your brand name.
  • What is the difference between a copyright and a trademark?
    Copyright protects creative works. Examples include , while a trademark safeguards brand names and logos. Examples of creative works include books, music, art, films, and software. Trademarks on the other hand safeguard brand names, logos, slogans, taglines etc.
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