where to find a trademark lawyer to help fill out a trademark

How to apply for a trademark in the US?

Jun 28, 2021 · To find an attorney who can represent you before the USPTO in trademark matters, you can consult U.S. telephone listings or the internet, or contact the attorney referral service of a U.S. state or local bar association (see the American Bar Association's Consumers' Guide to …

Do I need an attorney to register a trademark?

Nov 18, 2021 · The Trademark Assistance Center (TAC) is the main support center for all customers, from first-time filers to legal professionals and experienced trademark applicants. Search trademark database Before you apply, you should search the USPTO's trademark database ( Trademark Electronic Search System, or TESS ) to see if any trademark has already been …

How do I find a private trademark search firm?

Apr 26, 2011 · Find out how to register and maintain a trademark in the U.S., apply for an international trademark, and about protecting your registered trademark.

What happens if you take legal advice before filing a trademark?

Dec 20, 2017 · A lawyer who specializes in trademarks can help you avoid mistakes on your application and perfect your submission, so it is more likely to receive approval. 4. Application Fees. The fees for a trademark application include both attorney’s fees and …

What is the easiest way to file a trademark?

To register a trademark with the U.S. Patent and Trademark Office (USPTO), you will need to fill out and submit a trademark application. You can do this online, using the Trademark Electronic Application System (TEAS), an online trademark filing service, or you can submit a paper application.Jul 21, 2021

How much does it cost to put a trademark on something?

$225 to $600The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

How long does a trademark last?

In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.Mar 21, 2019

How much is a trademark for a logo?

What Does it Cost to Trademark a Logo? The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) is $275–$660 as of June 2020, plus legal fees. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection.

How a lawyer can help

Trademark attorneys don’t simply file your application for you. If you choose the right lawyer, he or she will help you through the entire trademark registration process, from choosing a name all the way through final approval and monitoring for trademark infringement later on.

Working with the right trademark attorney

Hiring just any attorney won’t do in any matter, no less trademarks or service marks. The wrong attorney will not only cost you in legal fees, but also possibly in additional application fees. Plus, of course, additional legal fees if the process goes for multiple rounds before you secure your trademark rights.

About the Author

Mr. Morales founded his trademark law practice in January 2007 with the goal of providing intellectual property expertise to entrepreneurs and businesses around the country. Since then, he has filed more than 6,000 trademarks with the USPTO. You can learn more about Xavier here.

Protect Your Mark

Get the trademark protection you need for your business name, logo, or slogan.

What is the filing basis for a trademark?

Trademark Filing Basis. You must choose a filing basis from among four possible choices: Use in Commerce (Section 1 (a)). Use this filing basis if you are already using your mark “in commerce,” meaning in connection with goods or services that you offer across state lines or internationally.

How long does it take to get a trademark?

Depending on the specific circumstance of the trademark application, it can take anywhere from several months to a few years for a registrant to respond to questions from the examining attorney and obtain final approval and trademark registration, Make sure your work is protected START MY REGISTRATION.

What is the USPTO trademark manual?

The USPTO’s Trademark Manual of Acceptable Identification of Goods and Services contains descriptions of acceptable identifications. If you can find an accurate description of your good or service in the manual, you should use it; otherwise you can describe your good or service in your own words.

How to protect your brand?

Applying and Filing for a Trademark. Filing for a trademark can protect your brand. This simple guide talks you through filing the paperwork, what it costs, and more. Your brand is an essential part of your business. Filing a trademark isn't a simple process, but the protection it affords your brand is worth your time and effort.

What is a specimen of a mark?

Specimen. A specimen of your mark shows how you use the mark in connection with your goods or services. For example, if you sell t-shirts, you might submit a picture of your label attached to one of your shirts. If you provide services, you can send a marketing brochure or advertising materials containing your mark.

What is a foreign registration?

Foreign registration exists for the same goods or services (Section 44 (e)). Using this filing basis if a foreign registration for the mark already exists in a defined treaty country.

What happens if a corporation opposes your logo?

If a corporation feels your logo is too similar to their own, for example, they may oppose you. This would slow up your registration process , but it doesn’t mean your application is automatically dismissed. If no one opposes your registration, or if an opposition is unsuccessful, your mark will then be registered.

What is a registration certificate?

Registration Certificates show or determine the ownership of a mark, the date first used in commerce, the registration and serial numbers, and the purposes the mark may be used in . The registration certificate may also be used to determine terms not claimed by an owner.

What is a PTRC?

Patent and Trademark Resource Center (PTRC) The Trademark Electronic Search System (TESS) is available in all PTRCs. Also, these libraries have CD-ROMs containing the database of registered and pending marks; however, the CD-ROMs do not contain images of the design marks.

Can the USPTO assist in the selection of a search firm?

The USPTO cannot aid in the selection of a search firm or an attorney. Search firms are often listed in the yellow page section of telephone directories under the heading "Trademark Search Services" or "Patent and Trademark Search Services.".

Is trademark search only one part of a thorough clearance search?

Searching is only one part of a thorough clearance search. There may be trademarks that are not in our database that have rights over yours. Check other sources, such as state trademark databases and the internet.

Apply for a trademark

How do I apply using the Trademark Electronic Application System (TEAS)?

Laws and rules

Abtach, 360 Digital Marketing, and Retrocube investigated for suspicious filings.

Where to contact Larson & Larson?

When you need assistance with your trademark application, trust the professionals at Larson & Larson, P.A. We can answer questions and help you get ready for submission. To schedule an appointment with an intellectual property lawyer, call us at 813-223-3226 or contact us. Our office near Westshore is convenient for residents who live in the Tampa area.

Can a logo be trademarked?

Not all logos can be trademarked. The United States Patent and Trademark Office (USPTO) reserves the right to deny applications that do not meet their guidelines. The mark may be too descriptive or too similar to another already in use.

What is a trademark?

A trademark identifies the source of a product. If your phrase describes a product or service, it won't be approved for trademark protection. The purpose of the phrase has to be to sell your product. Otherwise, it won't be approved for trademark protection.

How long does it take to get a trademark?

The process typically takes six to eight months. Do not search for registered and unregistered trademarks. Use the free search on the USPTO website to find federally registered trademarks. For common-law trademarks, you need to pay a company to complete a search.

What happens if you don't respond to the USPTO?

If you do not respond, the USPTO will abandon your trademark registration. Open your trademarked phrase to the public: Once all rejections are overcome, the USPTO publishes your phrase in the "Official Gazette.". This gives the public a chance to look over your proposed trademark and oppose it if they want to.

What does it mean when you trademark a phrase?

When you trademark a phrase, you protect the words that represent your product or service. Trademarking a phrase prevents someone else from using it for a product or service that could be mistaken for yours. That means a trademark can only be enforced in the business class where it is registered.

How much does it cost to trademark a phrase?

Expensive Fees. To trademark a phrase in more than one business class, you have to pay the registration fee for each class. A trademark costs from $225 to $400 to register. If you trademark a phrase for three classes, you will pay nearly $1,000 in fees.

What are catch phrases?

A catch phrase is an expression commonly used by a real or fictional person. This kind of phrase can be an important part of marketing your product or service. That makes it valuable and worthy of trademark protection.

What are common law trademarks?

There is no registration or application to get common-law rights.

How to use a trademark in commerce?

The easiest way to use your trademark in commerce is to label the goods that you sell. Nothing fancy is needed, labels made on your printer will suffice as you are getting started. Other uses to go along with your labels are business cards, flyers, signs, uniform patches, and display on your website.

What is a trademark?

A trademark identifies your goods and services to your customers. It can be a logo or a name as long as it is distinctive and connects the product to your business. The only requirements are that you are using it in commerce and that it is not so similar to someone else's trademark that customers could be confused.

What is a specimen in trademark application?

The specimen is a JPG file that can either be a photo of your product showing the trademark or a digital file of a tag, label, packaging, or sign.

What is the name of the website that shows Grandma Mary's Heavenly Divinity?

The USPTO has an online database called "Trademark Electronic Search System" or TESS. If you find "Grandma Mary's Heavenly Divinity," or even "Aunt Mary's Candy Shoppe," it is likely that the USPTO attorney will deny your registration as being confusingly similar.

What is a stylized mark?

Stylized marks are groups of one or more words done in a fancy font or other graphic representation. If you want "Grandma Mary's Supreme Fudge" in a fanciful font or in color, it will be a stylized mark. You will need to create an image file of your stylized trademark in JPG format to submit with your application.

How many megabytes can a photo file be?

The image file cannot exceed 5 megabytes. [7] If you are using a photograph of your trademark in use on an actual product, you can scan the photo to create the image file or many photo processing businesses will create the digital file for a small fee. Identify your goods and services.

How long does it take for a trademark to show up on a trademark application?

Track your application status. It may take up to a week for your application to show up in the Trademark Status & Document Retrieval System (TDSR). Once it is active, you will be able to track the status of your application.

Owner of The Mark and Contact Information

Type of Mark

• There are three types of mark formats. You must choose only one of the following formats: 1. Standard character format.Use this format to register words, letters or numbers, or combinations thereof, without any particular font or formatting. A standard character format trademark allows you to use your trademark in any style or design. 2. Special ch...

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Trademark Filing Basis

Trademark Application Fees

What Happens After You file?