Trademark Attorney
Trademark ProtectionOur firm helps business owners check their brand names to ensure they own them and are protected. We are licensed attorneys, authorized to practice before the United States Patent and Trademark Office (USPTO) on trademark matters. One of the most important steps a business can take to protect its brand is registering that mark with the USPTO. We focus our efforts on activities within the USPTO.
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R. Griffith ThomasR. Griffith Thomas (Griff) is a seasoned lawyer and businessman. He capitalizes on his broad range of legal, business, and life experiences to help business owners choose a trademark, file a trademark application with the United States Patent and Trademark Office (USPTO), track and respond to USPTO questions and concerns. His practice focuses entirely on trademark and related issues and he helps businesses “clear” their names, make sure they own them, and are protected. |
Frequently Asked Questions
What is intellectual property?
There are three types of property: real property, personal property, and intellectual property. Real property is land, basically the dirt we walk on. Personal property includes things like your car, your clothes, and items in your house or apartment.
Intellectual property includes really three or 3 ½ areas. Intellectual property generally includes patents, trademarks, copyrights, and trade secrets. A patent is protection for an invention. The invention must be new, useful, and non-obvious. Trademark generally refers to a brand or brand name.
Trademark registration is the process of registering your brand or brand name with the United States Patent and Trademark Office (USPTO). After you apply for the registration, have answered all questions from the examiners at the USPTO, and have overcome any objections, you receive a registration number. Then you have a registered trademark!
Copyrights cover artistic creations. One can file an application with the Library of Congress to receive a copyright on artistic creations. Copyrights are created the instant the item is created and use of the copyright symbol does not require filing with the Library of Congress.
The fourth area often included under the intellectual property umbrella is trade secrets. Trade secrets are things like the Coca-Cola formula or the Kentucky fried chicken recipe. They are closely guarded intellectual property. Often it is a business decision whether to file for a patent or keep something as a trade secret. Patents last for a fixed amount of time and trade secrets last forever or until they no longer are secret.
Intellectual property includes really three or 3 ½ areas. Intellectual property generally includes patents, trademarks, copyrights, and trade secrets. A patent is protection for an invention. The invention must be new, useful, and non-obvious. Trademark generally refers to a brand or brand name.
Trademark registration is the process of registering your brand or brand name with the United States Patent and Trademark Office (USPTO). After you apply for the registration, have answered all questions from the examiners at the USPTO, and have overcome any objections, you receive a registration number. Then you have a registered trademark!
Copyrights cover artistic creations. One can file an application with the Library of Congress to receive a copyright on artistic creations. Copyrights are created the instant the item is created and use of the copyright symbol does not require filing with the Library of Congress.
The fourth area often included under the intellectual property umbrella is trade secrets. Trade secrets are things like the Coca-Cola formula or the Kentucky fried chicken recipe. They are closely guarded intellectual property. Often it is a business decision whether to file for a patent or keep something as a trade secret. Patents last for a fixed amount of time and trade secrets last forever or until they no longer are secret.
Why do I need to register my trademark?
Registering a trademark is important whether it’s before a brand launches or years after.
The most important reason to register your trademark is insurance for your brand. What is more important than your brand name or brand mark? Maybe employees but that is about it? Registering your trademark with the United States Patent and Trademark Office (USPTO) makes it easier and cheaper to shut down others that are infringing on your brand. It is hard to convey the value to a young business because it is not required to do business as some licenses are. Yet, registration provides a lot of value in stopping others from using your mark on the Internet. It is easier faster, and cheaper to deal with infringements on Facebook and Amazon when you have a registered trademark. You might not be able to stop them otherwise. Clients don’t realize the time it takes to register. Often a client suggests they could just register after the problem arises. But shutting down the infringer without that registration is substantially harder. Also, blocking domain names or social media names could always be useful, especially as new ones are introduced.
By having your mark registered with the USPTO, an examiner can cite to your mark when refusing to register a similar mark by another party. Another benefit is the detriment value. This is hard to quantify. People search the database and see your mark there and are deterred from using a similar mark. Registering your brand name or brand mark with the USPTO is not a great expense considering the benefit. Often times a startup will ask if registration is necessary. Any expense at the beginning of a business is hard to justify, but the pain of not registering certainly justifies the expense.
Sometimes client asked about filing applications on their own. Certainly, the forms are there and all of my clients have the intellectual ability to fill out the forms. Yet, most see that the best use of their time is not learning how to navigate the USPTO trademark applications. Let someone who has been writing and working with the USPTO for more than 20 years smooth the way for you. In addition, getting us involved once an application has been filed can be much more expensive. This is because we have to correct errors. So, why not do it right the first time?
Another huge benefit of obtaining a federal registration is that it gives you the right to use the federal registration symbol, the R in a circle: ®. A further benefit is that you can list a trademark registration as an asset on your balance sheet. Thus, turning and intangible asset into a tangible asset as a trademark registration. A trademark registration is a valuable, tangible asset that can be transferred or used as a security interest.
Also, you bring a legal action concerning the mark in federal court. You automatically get diversity jurisdiction and subject matter jurisdiction. The opportunity for $100,000 damages, triple damages, and attorney’s fees. Finally, there is also great value in the nationwide protection of your brand.
These are but a few of the reasons why registering a trademark is important whether it’s before a brand launches or years after.
The most important reason to register your trademark is insurance for your brand. What is more important than your brand name or brand mark? Maybe employees but that is about it? Registering your trademark with the United States Patent and Trademark Office (USPTO) makes it easier and cheaper to shut down others that are infringing on your brand. It is hard to convey the value to a young business because it is not required to do business as some licenses are. Yet, registration provides a lot of value in stopping others from using your mark on the Internet. It is easier faster, and cheaper to deal with infringements on Facebook and Amazon when you have a registered trademark. You might not be able to stop them otherwise. Clients don’t realize the time it takes to register. Often a client suggests they could just register after the problem arises. But shutting down the infringer without that registration is substantially harder. Also, blocking domain names or social media names could always be useful, especially as new ones are introduced.
By having your mark registered with the USPTO, an examiner can cite to your mark when refusing to register a similar mark by another party. Another benefit is the detriment value. This is hard to quantify. People search the database and see your mark there and are deterred from using a similar mark. Registering your brand name or brand mark with the USPTO is not a great expense considering the benefit. Often times a startup will ask if registration is necessary. Any expense at the beginning of a business is hard to justify, but the pain of not registering certainly justifies the expense.
Sometimes client asked about filing applications on their own. Certainly, the forms are there and all of my clients have the intellectual ability to fill out the forms. Yet, most see that the best use of their time is not learning how to navigate the USPTO trademark applications. Let someone who has been writing and working with the USPTO for more than 20 years smooth the way for you. In addition, getting us involved once an application has been filed can be much more expensive. This is because we have to correct errors. So, why not do it right the first time?
Another huge benefit of obtaining a federal registration is that it gives you the right to use the federal registration symbol, the R in a circle: ®. A further benefit is that you can list a trademark registration as an asset on your balance sheet. Thus, turning and intangible asset into a tangible asset as a trademark registration. A trademark registration is a valuable, tangible asset that can be transferred or used as a security interest.
Also, you bring a legal action concerning the mark in federal court. You automatically get diversity jurisdiction and subject matter jurisdiction. The opportunity for $100,000 damages, triple damages, and attorney’s fees. Finally, there is also great value in the nationwide protection of your brand.
These are but a few of the reasons why registering a trademark is important whether it’s before a brand launches or years after.
Why work with Griffith Thomas Law?
Our firm has had great success helping clients, both businesses and individuals, navigate the United States Patent and Trademark Office (USPTO) to receive trademark registrations for their brand names and brand marks.
From the initial consultation to the receipt of your trademark registration, our firm keeps you informed, provides excellent service, and gives you the expertise you need through the whole application process. Our founding partner has been Editor-in-Chief of Allen’s Trademark Digest since 1998. During this time, he reviewed and wrote summaries of more than 12,000 trademark cases involving appeals from denials of registration, opposition to registrations, and cancellation of registration proceedings. He brings more than 20 years of experience to the table when representing you in your application to the USPTO.
If you or anyone you know needs help getting a trademark registration or wants to better understand intellectual property protections please contact me. I offer a free 20-minute consultation. Go to (MY CALENDAR) to schedule an appointment.
From the initial consultation to the receipt of your trademark registration, our firm keeps you informed, provides excellent service, and gives you the expertise you need through the whole application process. Our founding partner has been Editor-in-Chief of Allen’s Trademark Digest since 1998. During this time, he reviewed and wrote summaries of more than 12,000 trademark cases involving appeals from denials of registration, opposition to registrations, and cancellation of registration proceedings. He brings more than 20 years of experience to the table when representing you in your application to the USPTO.
If you or anyone you know needs help getting a trademark registration or wants to better understand intellectual property protections please contact me. I offer a free 20-minute consultation. Go to (MY CALENDAR) to schedule an appointment.
15 N. King St. Suite 301
Leesburg, VA 20176
(202) 253 - 3988
Leesburg, VA 20176
(202) 253 - 3988