All trademark searches, trademark applications, and other trademark filings that are ordered on the Legally.co site are managed by licensed U.S. trademark attorneys employed by the remarkable.legal trademark law firm.
1. New Trademark Applications
Before applying to register a trademark, a search should always be conducted to determine if your mark is available for registration. Avoid trademark infringement lawsuits and investing in a brand you may not keep.
Trademark applications prosecuted by experienced trademark attorneys are 46% more likely to pass the review process, compared to those prepared by unrepresented applicants. Work with experienced trademark attorneys to give your application the best chance of registering.
2. Preparing Filings For Existing Trademark Applications and Registrations
Appropriate for disclaimer issues, incorrect use, inaccurate descriptions of goods & services, inaccurate descriptions of logos, questions about foreign language translation, among other procedural refusals.
Appropriate for likelihood of confusion objections, merely descriptive or genericness refusals and other refusals that require significant argumentation to overcome. Hire a trademark attorney to prepare a 5-15 page brief, citing relevant case law, in support of why your trademark should register.
If you filed an Intent-To-Use trademark application, you must file a Statement of Use before the U.S. Patent and Trademark Office will allow your trademark application to register. A Statement of Use demonstrates that you are using your trademark to advertise your goods and services. Alternatively, if you need additional time to being use of your trademark we can file a six month extension on your behalf.
If you have missed a deadline to respond to the U.S. Patent and Trademark Office, we can file a Petition to Revive get your Application back on track. A trademark attorney will review your file, draft the required response, and pay all required government filing fees for one class of goods or services.
If the trademark examining attorney continues to refuse to register your trademark, it may be appropriate to appeal their decision. Appealing a trademark final refusal puts your case in front of a new set of eyes at the Trademark Trial and Appeal Board, so that another party, besides the trademark examiner, reviews your arguments in favor of registration. When Appealing a final refusal, a brief is required from you as well as the examining attorney that present all the reasons for and against your mark registering.
During the examination period of a trademark application or after a trademark has registered, the ownership of the trademark may change. In some cases, the trademark is transferred to another entity (for example from an individual to a legally recognized business entity, like a corporation), which is called an assignment. In other cases, businesses merge or the owner simply changes their name (as in the case of many marriages). Whatever the situation we can assist you in preparing the necessary documentation to properly record the change of ownership with the trademark office as well as update the ownership status of your pending or registered trademark.
Trademark owners are required to periodically file renewal documents to demonstrate their continued use of their registered marks. Renewal filings are required on the 5th and 10th anniversary of the registration date and every 10 years thereafter.
3. Stop an Infringer of One Of Your Trademarks
If you have found infringement of your trademark, we can help you stop unlawful use of your mark and help you avoid costly litigation. We will perform due diligence research to confirm your rights in your trademark relative to the infringer and present you with an attorney opinion letter as to the respective rights involved. Should you have superior rights to the mark, we will then present a cease and desist letter to the other party. We will negotiate on your behalf to assert your rights and attempt to get the other party to agree to cease use of the infringing mark.
If you become aware of a trademark application pending at the U.S. Patent and Trademark Office that you believe is too similar to a mark that you own, an inexpensive way to voice your objection to registration is with a letter of protest. This document provides evidence that you believe the trademark examiner should take into consideration while reviewing the trademark application. Provided that the examiner agrees with you, this approach is far less expensive than filing an Opposition to block the registration of a potentially infringing mark.
4. Respond to Someone Accusing Me of Trademark Infringement.
A significant number of trademark disputes can be settled, as both parties frequently prefer to avoid the expense of protracted litigation. We can assist in finding common ground between the parties and coming to an agreement that is consistent with the requirements of trademark law.
Where both parties have agreed to a resolution of a trademark dispute, this agreement should always be reduced to writing. We assist you in writing or reviewing an agreement provided by the other party.