TRADEMARK

WHAT IS IT?

A trademak protects your business' brand assets, which are a unique set of elements that distinguish your business from that of your competitors. They give your business a competitive advantage by providing seeming exclusivity and individuality in the eyes and minds of customers and clients. 

Your brand assets might include:

  • Your business name;

  • Your own name (if YOU are your brand – think “Beyoncé”);

  • Your logo;

  • Your slogan;

  • Any other combination of words or short phrases that are synonymous with your brand; and

  • Certain other unique brand elements (a.k.a. “trade dress” – think: patterns, color schemes, scents, sounds, product packaging, etc.).

IS THIS FOR ME?

A registered trademark is ideal for any entrepreneur or small business that wants to:

 

  • Pre-emptively keep their competitors and infringers at bay;

  • Boost their business profits;

  • Increase the value of their brand; and

  • Make enforcing their rights cheaper and easier.

But registration costs money (albeit, a lot less than you probably think) and it also takes a long time (generally, 6 months to a year, but could take longer). That is why we subscribe to the E.A.R. Method of Trademark Registration and we encourage all of our clients to do the same.

STEP 1

EVALUATE:

SHOULD I TRADEMARK

THIS BRAND ASSET?

Is it worth spending time and money registering this asset?

Is now the right time to register it?

WHAT TO DO:

Conduct a thorough brand asset evaluation and determine which assets, if any, are worth registering.

STEP 2

ANALYZE:

CAN I TRADEMARK

THIS BRAND ASSET?

Can this function as a trademark?

Is anyone else using the same or a similar name, logo, slogan, etc.?

WHAT TO DO:

Conduct a thorough trademark search and analyze the results.

STEP 3

REGISTER:

TRADEMARK THE BRAND ASSET.

If, and only if, you've determined that you should trademark and can trademark, then you can trademark.

WHAT TO DO:

File a trademark application with the US Patent and Trademark Office (USPTO).

Think of the E.A.R. Method as the diagnostic testing before the surgery – we want to know what we’re dealing with before we go on to make that first cut. Doing it this way ensures that you only register your most valuable assets and saves you the time, money, and headache of attempting to register a mark that cannot be registered.

THE PROCESS

HOW IT WORKS


STEP 1: EVALUATE (Highly Recommended)

or​ or​
  • You can skip this step, if you're certain that you should trademark this brand asset.
STEP 2: ANALYZE (Required)
  1. You can schedule a free 15-minute consultation if you have any other questions, or just contact us to get started.
  2. We'll then send you a client agreement (so you know what to expect), an invoice (for the analysis step only), and a link to a brief intake form, so we can learn more about your trademark and how you're using it.
  3. You digitally sign the agreement, pay your invoice, and fill out the intake form.
  4. We run a comprehensive trademark search and analyze the results.
  5. In 3-5 business days, you receive a copy of your Comprehensive Trademark Search Report as well as an Opinion Letter from us.
STEP 3: REGISTER
  1. If your mark has been cleared for registration, we will invoice you for the registration step.
  2. As soon as you pay the invoice, we prepare your application and file it with the USPTO.
  3. We walk your application through the entire registration process and keep you informed of the progress along the way.




WHAT YOU GET


  • A Comprehensive Trademark Search Report, which is prepared by an independent company that uses a proprietary algorithm to comb through various databases and millions of data points.

    This Report, which is anywhere from a couple of hundred pages to several thousand pages long, includes both identical AND similar:
    • Federal Trademarks (both registered and in the process of registration);​
    • State Trademarks; and
    • Common Law Trademarks that could exist on the basis of:
      • Registered businesses or corporations;​
      • Domain names;
      • Web searches (including images); and
      • Social media searches.​​
  • An Opinion Letter, which is based on the results of the Comprehensive Trademark Search Report, so that you can make a truly informed decision about whether or not to proceed with registration.

    This Opinion Letter:​
    • Flags any trademarks we believe to be problematic (or are a basis for registration denial);
    • Provides our legal analysis of the results; and
    • States how likely we believe that your trademark will be accepted for registration.​
(If you decided to go forward with registration)
  • ​If you decide to proceed with registration, we prepare and file your Trademark Application with the USPTO and follow the registration process through to the very end, including:
    • Routine communication with and you (to answer any questions and provide periodic application status updates);
    • Routine correspondence with the USPTO; and
    • Responses to non-substantive Office Actions.





TRADEMARK SERVICES

TRADEMARK ANALYSIS

Includes the Comprehensive Trademark Search Report (word marks only), attorney review, and attorney Opinion Letter.

INVESTMENT: Starts at $749 + applicable search report fees.

SUBSTANTIVE OFFICE ACTION RESPONSES

Includes legal research and written argument in response to substantive Office Action.

INVESTMENT: $999 and up

TRADEMARK RIGHTS ENFORCEMENT

Various actions can be taken to enforce your existing trademark rights. We can assist with cease & desist letters, DMCA takedown notices, opposition filings and more.

INVESTMENT: $499 and up

TRADEMARK REGISTRATION

Includes trademark application preparation and filing with USPTO.

INVESTMENT: Starts at $749 + USPTO fees

TRADEMARK MONITORING

Includes weekly USPTO monitoring of identical and similar marks and immediate notification of potentially infringing marks, as well as monthly reports of the same. 

INVESTMENT: $599 per year

TRADEMARK OWNERSHIP TRANSFERS

Agreements to permanently transfer trademark rights (an assignment) as well as USPTO recording of the same, or an agreement to allow others to use your trademark in exchange for a fee (a license).

INVESTMENT: Starts at $749 + USPTO fees

* We do our best to provide accurate pricing on this page, but the costs quoted here may not always apply. In certain instances additional legal and USPTO fees may apply.

HAVE MORE QUESTIONS ABOUT

THE PROCESS, TIMELINE, OR COST?

Schedule a free 15-minute
Trademark Consultation. 

HAVE SPECIFIC QUESTIONS

ABOUT YOUR MARK?

Schedule a reduced fee consultation.
Fee is credited back if you go forward!

READY TO GET STARTED?

COMING SOON

should i trademark?

Is your business name, course name, product name, logo, or slogan even worth trademarking?

Is now the right time to trademark this asset?

Don't even THINK about applying for

a trademark until you know for sure.

Our DIY Trademark Evaluation Guide & Worksheet helps you sort through all of your brand assets and weed out the most valuable ones, so you're not wasting any extra money or time on things that shouldn't (and can't) be trademarked.

Interested? Sign up to be notified when our Guide launches.

Your hopes, dreams, and e-mail addresses are safe with us!

 

© 2015 - 2018 Victora Smolyar Law, P.C. All rights reserved.   |   TERMS OF USE   |   PRIVACY POLICY

ATTORNEY ADVERTISING. We are lawyers. We are not your lawyers. The materials on this website are for informational purposes only - nothing on this page should be interpreted as legal advice. We're smart and the information on this website is most likely correct, but that doesn't mean it applies to your specific situation. Please consult your own attorney before acting upon anything you read here.