I.     WHY SHOULD I GET A TRADEMARK, WHAT ARE THE BENEFITS?

Let’s say you are starting your business or have a new product and wish to protect the good will of the company or product name, logo, symbol, design, slogan, or even the overall look of your product because you wish to distinguish it from those sold by others. Obtaining a federal registered trademark issued by the United States Patent and Trademark Office ("USPTO") will afford you the protection and exclusive right to legally prevent others from using a similar name or likeness that identifies your product or business. Trademarks are everywhere from large corporations like Nike and Federal Express, to small mom-and-pop shops.  Doing so protects trademark owners in the event that someone tries to confuse the public by presenting a very similar name, logo, or slogan.

II.           TRADEMARK PROCESS

Although filing a trademark may not initially appear to be as complicated as the patent application process, the trademark application process is laden with subtleties in which those not proficient in the area of trademark law would be oblivious to.  This is why it is necessary to consult with an attorney that specializes in this area of law to apply for your application.

Based on your proposed mark, we can assess its strength and determine the right approach for registration.  If we determine the mark can be trademarked, we highly recommend that a comprehensive search is ordered.  Although it is not required, a comprehensive search will help assess if there are others that may have already claimed the name or rights in it.  If you blindly apply for a trademark without conducting a search and later find out that others have used or are using the mark, then you are essentially placing your mark at a higher risk of rejection, opposition and/or litigation.  Further, you should be aware that not all searches are created equally.  With us, you can be assured that your trademark search will include a comprehensive search including the USPTO, State, Common Law, Internet and Domain Names.

Once we obtain the results from the search, we analyze them and you will receive an opinion from a trademark attorney.  We will then prepare and submit the application to the USPTO.  As with patent applications, trademark applications are reviewed by an examiner at the USPTO and will either be accepted or rejected and typically the examiner will issue an OFFICE ACTION.  NOTE: Non-attorney trademark filing services DO NOT respond to office actions and will leave you stranded and as such your mark will not get issued.  We will prepare all responses to any and all office actions so that your mark will issue.

We perform the following trademark services:

Comprehensive US searches

International searches

US trademark applications

Formality Office Action responses

First and second Office Action responses

Statement of Use

Affidavit submissions

Trademark Appeals

Petitions

Foreign Trademarks Madrid Protocol 

Section 8 & 9 Affidavits

Section 15 Declaration Incontestability

Trademark Revivals

Trademark Oppositions Proceedings before the Trademark Trial and Appeals Board

Trademark Cancellation Proceedings before the Trademark Trial and Appeals Board

Uniform Domain Name Resolution Policy (UDRP) proceedings

Federal or State Trademark Infringement Litigation

9025 Wilshire Boulevard, Suite 301, Beverly Hills, CA 90211 Phone: 310.288.4500 | Fax: 310.246.9980 | Website: www.trademarkattorneyip.com, www.patentlawip.com

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