Solutions offered by our Trademark Attorney
Whether you are just starting out and don’t have a federal trademark registration yet, or you have an existing trademark(s) but you need help moving forward, the qualified trademark attorney at ASR Law Firm is here to help you through the entire lifespan of your trademark portfolio. Depending on your goals, and budget, our trademark and brand services can be customized to include one or more of the following:
- Clearance searches
- Registration (commonly referred to as “trademark prosecution”)
- Oppositions to registration
- Infringement disputes
- Domain name disputes
- Counseling on related issues
What Sets ASR Law Firm’s Trademark Services Apart
At ASR Law Firm, protecting our clients’ time and financial resources is paramount!
That’s why our goal is always to provide comprehensive and well-rounded guidance and trademark attorney counseling without overcharging for unnecessary services.
To avoid filing applications that may be destined to fail, our Trademark Registration Package is broken down into two Phases.
First, in Phase 1, our trademark attorney thoroughly researches the mark and presents a good-faith opinion of the likelihood of approval to provide our clients with all necessary information to make a well-informed business decision.
Thereafter, when comfortable with their chances of an approved application, only then do we file the application for our clients in Phase 2. Contact us to learn how these two simple steps can help you move closer to protecting your brand with peace of mind and confidence!
Our Trademark Registration Package
Our trademark attorney provides qualified and experienced assistance with the registration of your unique trademark, simplified in our two-phase approach. This includes:
Goal-setting Consultation with Attorney
Comprehensive Federal and State Trademark Search
Common-Law Trademark Search
Attorney Evaluation of Search Results
Application preparation and Information gathering efforts
Drafting and Filing of Trademark Application
Response to Non-Substantive Office Actions
Confirmation of Final Outcome/Registration Certificate
What is a Trademark?
The United States Patent and Trademark Office (or “USPTO” for short) explains that “[a] trademark can be any word, phrase, symbol, design, or a combination of these things that identifies your goods or services.” Trademark = source of goods. Service mark = source of services. Both “trademark” and “service mark” are generally collectively referred to as a “trademark.”
Examples of a Trademark:
- A business name or other word mark that represents your business. Think of “Home Depot.”
- A business logo or other identifying mark that represents your business. Think of the Facebook “F” icon that is used on websites or the Apple technology company icon.
- A slogan or catchphrase. Think of “He went to Jared” slogan for jewelry.
- A color that represents your business or brand. Who doesn’t recognize “Tiffany Blue” color?
Types of Trademarks
Common Law Trademark
A “common law” trademark is essentially established when you use the mark in commerce in a specific geographical area. No registration is required for common law trademark rights, albeit limited rights, to apply.
A “state law” trademark is one where an individual/business registers their mark, at the state level, with the office designated for the specific state. Each state has a different office for registration. This is often significantly cheaper than a Federal registration, gives you the ability to enforce the trademark through the entire state, and can provide you with some statutory protections for that mark within the state.
A “federal trademark” is one where an individual/business registers their mark, at the federal level. Here in the United States, the registration is with the United States Patent and Trademark Office and generally provides you protection, for your mark, thought the United States. This is more expensive than the state registration but provides you a lot stronger protection and comes with statutory remedies against infringers.
Why protecting your business’s brand is important through the services of a qualified trademark attorney??
Although the USPTO does not mandate that each trademark is registered, doing so provides far more remedies and protections than relying on a common law use trademark.
Advantages of a federal trademark can include, but are not limited to:
- Provides you with the exclusive rights to use your mark for marketing of your type of good/service throughout the entire United States forever – well, so long as you can show you are still using it anyway. You may even be able to stop others who are using similar marks to yours as well.
- If someone else tries to use your mark, or a confusingly similar mark, that person using the unregistered mark must prove that their use of the mark is more superior to that of the registered mark holder.
- Having a registered mark shows consumers that your business is more sophisticated, thus potentially building trust with your customer base.
- Having a registered mark shows potential business partners in the future that you have a higher level of sophistication than if you didn’t have such registration.
- A registered trademark can be recorded with the U.S. Customs and Border Protection to help prevent counterfeit goods from being imported into the United States.
- A federally-registered trademark allows you to more easily obtain international registrations if/when you need it.
How long will the Trademark registration process take?
There are many factors that can impact how long it takes to register a trademark, including your filing basis, but generally speaking, it can take 12 to 18 months to work through the various states of the registration process. “Filing basis” simply refers to the state that your trademark is in and falls into one of five (5) categories. The first two, Section 1(a) (where you are using the mark in commerce already) and Section 1(b) (where you aren’t using the mark yet but intend to within the near future) are the most common for new or US centered businesses. The remaining three (3) Section 44(d), Section 44(e), and Section 66(a) all deal with foreign applications.
Below is a general timeline pertaining to the filing basis under Section 1(a) and 1(b):
Trademark Tips & Helpful Resources
Although it’s an indispensable step to protecting your brand, successfully registering your trademark with the United State Patent and Trademark Office (”USPTO”) does not end the process of protecting your trademark. In fact, many may argue it’s just the beginning!...
Social media has become one of the main forms of promotion and advertising for small businesses throughout the world. But few owners pause to consider the legal ramifications of posting online without first understanding the importance of trademark protection and the...
The importance of protecting a business’ brand using available trademark laws is commonly known, but have you ever wondered why certain companies use the trademark symbol (™) to signify their rights to a particular mark while others use the registered symbol (®)?...
What People are saying about ASR Law Firm
I’ve worked with Anila and ASR Law Firm on numerous occasions and in every instance, Anila was courteous, professional and very thorough in explaining the steps to do the things I was asking. She responded in a prompt matter to all my questions and concerns and has helped me find professional solutions for each of my unique requests.
Ms. Rasul has demonstrated a high level of professionalism and competence while working with her on estate planning strategies. In my opinion, everyone needs an estate plan and Ms. Rasul would be an excellent choice to help you.
Ms. Rasul has been very helpful with my estate planning process. She does a great job