A: Thank you so much for your inquiry and consideration of our trademark legal services. Due to ethical and liability issues, we are unable to enter into such an arrangement (i.e., allow clients to draft their trademark applications and/or perform any legal work under our supervision).
With that in mind, our trademark legal service packages start at $3,000. If you would like to explore the benefits of our representation we are happy to do so on a discovery call.
If not, we wish you the best of luck in finding counsel to serve and support you with your IP portfolio.
A: The USPTO wants to be sure that it is clear to the consumer that they are purchasing products from the brand “[™ NAME]”. As such, any proof we provide must show “[™ NAME]” in direct connection with the goods on the application.
Could you update the header or footer of your product page to say “[™ NAME]”? For example, on this page here.
A: We find that we are able to overcome most Office Actions (i.e. requests for additional information) and have a 98.5% success rate when it comes to our trademark applications reaching registration. Our Pioneer package does not include OA responses, however, our Legal Legacy Package does. Responses to Office Actions can range from $1500-$2500 depending on the type of OA received (Procedural or Substantive).
A: With respect to legal “use” of your trademark the following must be true:
The term “use in commerce” means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark. For purposes of this Act, a mark shall be deemed to be in use in commerce–
(1) on goods when—
(A) [the trademark] is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto, or if the nature of the goods makes such placement impracticable, then on documents associated with the goods or their sale, and
(B) the goods are sold or transported in commerce, and
(2) on services when [the trademark] is used or displayed in the sale or advertising of services and the services are rendered in commerce, or the services are rendered in more than one State or in the United States and a foreign country and the person rendering the services is engaged in commerce in connection with the services.
It is not enough by itself to create a sales page displaying the products and/or services. You must also make a sale of a product OR render a service.
A: A Federal Trademark is the protection of either your name, brand name, slogan or logo with the U.S. Patent and Trademark Office which (a) identifies the source of goods or services and (b) distinguishes such from the goods or services of others on the Federal level.
A: State trademarks protect a mark only in the registered state(s) and offer a limited amount of protection. Meanwhile, a federal trademark protects the mark(s) nationwide and potentially can be used to obtain international trademarks through the World Intellectual Property Organization and provide you with the greatest form of protection within the United States.
A: In total it can take approximately 9-15 months from when your application is filed for your mark to Register. (Wanted to add that there’s no guarantee here that it will register but I left it out for now).
A: If you know of someone who is using a similar name to yours the legal team will be sure to take this into consideration when conducting your comprehensive trademark clearance search and provide you with clarity on the risk level to that in your opinion letter.
A: YES! Completing the comprehensive trademark clearance search helps to identify any legal barriers to your company’s use or registration of its trademark before the company begins to actually use the trademark or apply to have it registered with the U.S. Patent and Trademark Office (USPTO).
A: Searching the U.S. Patent and Trademark Office search engine retrieves only records for registered and pending federal trademarks. It does not retrieve records of relevant state registrations or unregistered trademarks including company names, brand names, and domains, nor does it always provide you with a clear pathway to protection as the search engine only populates exact matches.
A: A trademark clearance search may significantly reduce the possibility of your company receiving a demand or legal action from a senior rights holder alleging infringement of their trademark by identifying such risks up front in terms of any pre-existing identical or confusingly similar trademarks.
A: That is a great question, yes! If you have not begun selling your goods or services just yet you can still apply for your federal trademark using the future use application. The future use application essentially holds your place in line until you are ready to begin use. However, please note that the USPTO will eventually want to see proof that you have begun selling your goods and services to consumers which can incur additional fees dependent on the package you invest in.
A: A trademark examining attorney will review your application approximately 4-5 months after it has been filed (I know, crazy!) and will determine whether (a) we need to make changes and adjustments to the application, these are typically very minor procedural issues, (b) respond to a substantive office action refusal which is the examining attorney asking us to provide clarity and more information on your application or (c) nothing! They approve the application and it will proceed on the pathway to registration!
A: No, a brand name, logo and slogan are all separate and distinct trademarks which belong on their own application for review with the trademark office.
A: That is no problem! You can actually file a federal trademark application with both an in-use and future use section.
A: Unfortunately, we cannot add goods and or services to an application once it has been filed and accepted with the USPTO; however, we can always beef up an application before it is filed and if you decide not to render those goods or services we can always remove that language from the existing application. We can always remove, never add.
A: The Creator’s Law Firm will represent you from when you retain us to when your mark has been registered with the USPTO. (There is no guarantee that your mark will make it to registration.)
A: Not to use it. However, federal registration has several advantages, including notice to the public of the registrant’s claim of ownership of the trademark, a legal presumption of ownership nationwide, and the exclusive right to use the trademark on or in connection with those goods or services set forth in the registration. Federal registration also allows the owner of a trademark to sue for infringement in federal court and to stop the importation of infringing material. (HUGE!!)
A: The ™ symbol is specifically for those individuals who do not have a federal trademark yet but are indicating to the general public that the words, logo or slogan are an identifier for goods and or services and would like to begin the trademark process. While the Ⓡ is specifically for those who have a obtained a federal trademark from the USPTO.
A: The Creator’s Law Firm provides an array of legal services to assist you in developing and protecting your legacy and brand. These services include:
And monthly subscription and general counsel services aimed to represent and support your business to the fullest potential.