Trademark Protection Service
Some early-stage businesses or small businesses are often conflicted about spending money on things that do not appear to be important or mandatory. What is it more important for a business, no matter the size or age, than its brand? By registering your mark with the USPTO it is much easier, faster, and cheaper to shut down infringing uses. Often business owners don’t realize the time it takes to get the registration and defer this important action. In addition, once your mark is registered at the United States Patent and Trademark Office (USPTO) it appears in the database and the examining attorneys can refuse newer applications based on your priority. In effect, you have the USPTO working on your behalf. Also, it is hard to value the deterrent effect of having your mark in the database. Reputable businesses search and see your mark and are discouraged from using a similar mark for similar goods and services. Finally, for a cost-benefit analysis the value of registering far outweighs the nominal cost.
Benefits of Federal Trademark Registration
There are many benefits of federal registration. To be able to use the federal registration symbol (R) the applicant must navigate the application process. We collect necessary information from the client regarding the mark, how the mark is used and on what goods and services the mark. We take this information and complete the application for the client. Certainly, as most of our clients are very sophisticated, they are more than capable of filling out the application. We have found that our clients prefer to work on and in their businesses rather than learning a complicated and often archaic USPTO application process.
When considering a new name for a product or service, we always encourage the client to “clear” the mark. This involves a rather thorough search and opinion letter explaining the potential conflicts with other marks for similar goods or services. For clients that have been using the name for a long time we suggest a less involved search often call a “knockout search.” The knockout search basically involves checking the USPTO database for potential conflicts.
Once the name or mark is decided on and the goods or services are adequately described, we can proceed with the application. Navigating the application through the trademark examining process is a specialty. Should there be few objections from the trademark examining attorney a registration may issue in four to six months from the application date. Of course, if there are substantive objections like descriptiveness or likelihood of confusion then the process can take longer.
Sometimes clients want to reserve the trademark for future use. In that case, rather than filing an application that is based on the mark already in use in commerce, we suggest the client file and in intent to use (ITU) application. The ITU is less complicated and of course does not require a specimen of use. This type of application helps the client determine if there might be issues with registrability when the mark is used in commerce.
Once the mark is registered with the USPTO, it can remain alive indefinitely. This is different than a patent or a copyright which expire after a certain period of time. Yet, certain steps must be taken by the applicant post registration to ensure that the mark remains active. Our office handles these post registration renewal activities. In addition, we advise clients about the proper use of their marks so that they do not become generic or are abandoned for lack of use.
When considering a new name for a product or service, we always encourage the client to “clear” the mark. This involves a rather thorough search and opinion letter explaining the potential conflicts with other marks for similar goods or services. For clients that have been using the name for a long time we suggest a less involved search often call a “knockout search.” The knockout search basically involves checking the USPTO database for potential conflicts.
Once the name or mark is decided on and the goods or services are adequately described, we can proceed with the application. Navigating the application through the trademark examining process is a specialty. Should there be few objections from the trademark examining attorney a registration may issue in four to six months from the application date. Of course, if there are substantive objections like descriptiveness or likelihood of confusion then the process can take longer.
Sometimes clients want to reserve the trademark for future use. In that case, rather than filing an application that is based on the mark already in use in commerce, we suggest the client file and in intent to use (ITU) application. The ITU is less complicated and of course does not require a specimen of use. This type of application helps the client determine if there might be issues with registrability when the mark is used in commerce.
Once the mark is registered with the USPTO, it can remain alive indefinitely. This is different than a patent or a copyright which expire after a certain period of time. Yet, certain steps must be taken by the applicant post registration to ensure that the mark remains active. Our office handles these post registration renewal activities. In addition, we advise clients about the proper use of their marks so that they do not become generic or are abandoned for lack of use.
15 N. King St. Suite 301
Leesburg, VA 20176
(202) 253 - 3988
Leesburg, VA 20176
(202) 253 - 3988