corner your market
A registered trademark is ideal for you if you want to corner your market by:
Pre-emptively keeping your competitors at bay
Boosting your business profits
Increasing the value of your brand
Making it cheaper and easier to enforce your rights
IS TRADEMARK REGISTRATION FOR ME?
TRADEMARK REGISTRATION IS A 2-STEP PROCESS
STEP 1: Clearance
Does your mark conflict with any other registered trademark?
Does your mark function as a trademark?
Are there any unregistered users of a trademark similar to yours?
STEP 2: Registration
If everything checks out, register your mark with the USPTO.
WHY? WHO CARES?
The USPTO cares - why would you want to waste time and money registering something that can't be registered?
Building a brand is expensive and having to rebrand sucks.
Infringement lawsuits are even more expensive.
You're not cornering your anything
if you're using someone else's IP.
SO, HOW DOES IT (GENERALLY) WORK?
A summary of the analysis, all the risks associated with use and registration, and any possible work-arounds are presented to you in an Opinion Letter.
REVIEW & ANALYSIS
The results of the report are reviewed and analyzed for likelihood of confusion and trademark functionality.
You review the Opinion Letter and make an informed business decision about whether to move forward with registration at the USPTO.
An Examining Attorney is assigned and your application is reviewed. Then your application is either approved, or an Office Action is issued.
If your mark is in use (1(a) applicants) and nobody opposes, your mark registers. Intent to use applicants (1(b), will receive a Notice of Allowance instead.
If approved, your mark is published for Opposition for 30 days in the Trademark Official Gazette.
Your application is prepared and submitted to the USPTO for review.
have more trademark questions?
Clearance & Registration
Clearance of your trademark, including a Comprehensive Trademark Report, analysis in up to three (3) classes of goods/services, and Opinion Letter.
Preparation and filing of your application with the USPTO, including filing fee for one (1) class of goods/services.
Routine correspondence with the USPTO, including responses to Non-Substantive Office Actions.
Routine correspondence with you, keeping you informed and updated throughout the entire process.
Monthly monitoring of your trademark throughout the registration process.
to 3+ yrs.
Monitoring & Enforcement
Continuous monitoring of the Federal Register for potentially conflicting USPTO applications.
Twice a month review of monitoring results.
Immediate notification if a potentially infringing mark is discovered.
Quarterly report with all findings.
15% off all flat-fee (or $25/hour discount for all hourly) trademark enforcement legal services (e.g.: Letters of Protest, Cease & Desist Letters, Opposition or Cancellation Proceedings, or Domain Name or Social Media Disputes)
Office Action Response
Gathering additional information and evidence to make appropriate changes to the application.
Research all relevant facts and applicable trademark laws.
Prepare legal argument and response to the Office Action and submit it to the USPTO for review.
Routine correspondence with the USPTO, throughout the entire Office Action process.
Routine correspondence with you, keeping you informed and updated throughout the entire Office Action process.
Review of existing application for accurate information.
Counseling on preparation of a new Specimen.
Preparation and filing of the appropriate registration and renewal forms (and any Declaration of Incontestability), including filing fee for one (1) class of goods/services.
Routine correspondence with the USPTO, including responses to any Specimen refusals.
Routine correspondence with you, keeping you informed and updated throughout the entire renewal process.
HOW CAN WE HELP YOU THRIVE?
not sure what you need?
Schedule a Start Smart Strategy Session and together we will:
Address all your trademark questions and concerns.
Identify all your valuable brand assets (and other intellectual property).
Create a strategic and actionable game plan to help you boost your profitability and protect your hard work.