We’ll be happy to assist you with all your trademark filing needs. We’ll also gladly provide you insight and assistance if you want to handle the filing yourself. Our valuable pre-filing assistance will help you understand whether and how to file, which iterations of a mark to file, the scope of goods/services to claim, whether to file a single or multiple applications, whether you may be sued for infringement, and/or whether the Trademark Office is likely to grant your registration. Otherwise, your filing fees may simply be wasted.
All too often, “trademark” companies on the Internet will offer very low fees to file a trademark application; however, if the company is not a law firm, it has no duty or ability to advise you on any of the issues above. You may note that such sites disclaim all responsibility and liability if your application is rejected, filed improperly, or gets you sued.
Please don’t hesitate to give us a call for more detail regarding how to get the best value for your money and we’ll set you on the right trademark track. We have a fiduciary duty to our clients to handle matters responsibly.
For more information about the process, here is a trademark registration flow-chart.
U.S. Trademark Registration Process
Preclearance of a Mark:
When a client first proposes a potential mark for use in connection with goods or services, it must be precleared. This is done to ensure there are no other “confusingly similar” marks in existence which could either pose an infringement risk or oppose the registration of your mark. A preclearance begins by searching an online database for any state or federally registered marks which are confusingly similar to the proposed mark. You can begin the process on your own by searching the Internet; however, the search process is complex and requires the opinion of an experienced trademark lawyer.
We engage an internationally recognized trademark search vendor to conduct a search of thousands of databases containing records of registrations. Company names, product names, domain names, news articles, trade directories, and other relevant sources are all searched. The search results are forwarded to us and a trademark attorney will analyze the various search results and prepare a legal opinion regarding the availability and registerability of the proposed mark. This opinion will be sent to you in a letter advising you of the results and recommending an approach.
After a successful preclearance, you can begin use of your mark. You can also choose to pursue registration of your mark with the U.S. Patent and Trademark Office to better protect your rights. Although applications can be filed online by anyone using the Trademark Office’s website, or by certain nationally advertised online “legal” services who are not lawyers, we do not recommend filings unless the party seeking protection understands that the registration may or may not result in rights arising for the filer. In addition, such filings are often rejected by the Trademark Office for a variety of reasons. Thus, using such a provider or a do it yourself approach may end up costing you more in the long and can even result in legal liability for you. It is for this reason that consulting with an experienced trademark lawyer prior to spending money to file an application to register a mark is strongly recommended.
When we assist with a filing, the progress of the mark will be reported from application to publication to registration. If any difficulties develop during the registration either from a Trademark Office Examining Attorney or a third party, we will keep you informed and render advice as needed.