A trademark is a word, symbol, phrase, sound, or combination of these elements used to identify goods or services. As applied to the good or services it identifies, the mark must be distinctive in order to qualify as a trademark.

What does being distinctive mean? Common words such as apple, book, and sneaker can serve as trademarks but only if they are not used generically or descriptively. For instance, if the mark is “apple” and you want to use it to sell fruit, you will be denied trademark registration on the basis that the mark is generic because an apple is type of fruit. The same would be true is you wanted to use the mark “sneaker” to sell shoes. And if you wanted to use the mark “sweet” to sell fruit, you would also be denied because sweet is descriptive, or a quality of fruit. But if you used “sneaker” to sell lemonade, “apple” to sell computers, or “book” to sell blenders, your mark could register because the mark is being used distinctively since sneakers and lemonade, books and blenders, and apple and computers don’t naturally go together.

A registered trademark gives its owner the exclusive right throughout the nation to use the mark to identify the products or services associated with it.

A mark that identifies a good or product is a trademark. If it identifies a service, it is a service mark. Brandme generally refers to all marks as trademarks, irrespective of whether the mark identifies a good or service.

You need a registered trademark to protect your rights if someone else infringes the mark or dilutes its strength. Suppose some other business uses the same or similar trademark to identify similar goods or services. In that case, the owner of a registered trademark can start a proceeding before the United States Trademark Trial and Appeal Board (TTAB) to cancel or oppose the registration of the infringing mark, or file a trademark infringement claim in court to stop their use of the mark and recover damages (money) from them.

With a registered trademark, you can use the ®, letting the world know your mark is protected. Having a registered trademark adds prestige, legitimacy, and value to your brand. A registered trademark also entitles the owner to increased damages for infringement.

What is a brand? A brand is a business and marketing concept that enables consumers to associate a specific company or individual with a product or service. Through marketing, promotions, advertising, and sales, consumers establish a connection between the brand and the company or individual. A strong brand makes it easier for consumers to identify the products and services associated with it.

The identity of a brand encompasses distinct attributes that set it apart from its competitors in the minds of consumers. These attributes can include colors, designs, words, logos, and slogans. The combination of these elements, along with successful marketing and sales efforts, contribute to the creation of a brand’s image.

A brand’s image involves the emotional and psychological response evoked when the public hears or sees the brand. It establishes a specific commercial connotation in the minds of consumers. For example, certain handbags and vehicles promote a luxurious brand image, while other products like fruits or vegetables rely on a brand image associated with freshness.

For a brand image to be effective, advertising and marketing of the brand must be consistent. Additionally, the actual products or services being sold must align with the brand image. Otherwise, consumers who purchase the brand may feel deceived and be less likely to patronize it in the future.

If a brand’s image is influential, consumers may desire to purchase products or services associated with the brand even before using them. This is because consumers trust the brand to deliver products and services consistent with its established image. Therefore, reliability and trust are fundamental characteristics of a successful brand image.

What is brand loyalty? Brand loyalty refers to the goodwill and strong attachment that consumers have towards a brand. It entails the expectation that consumers will continue to purchase the goods and services associated with the brand, even if competitors offer similar products at similar prices and under the same terms.

Brandme was created to level the playing field when it comes to understanding intellectual property law in general, and filing trademarks, specifically. We aim to democratize the process, so anyone in the world can submit a U.S. trademark application and register their mark. Our site is designed to simplify and automate the procedure, to make complex rules and doctrines easier to comprehend. Brandme offers high-quality services and access to top U.S. trademark attorneys at an affordable price.

Brandme lets you apply to register your trademark by electronically submitting an application to the federal government. Each application submitted through Brandme is examined by a licensed trademark attorney with the law firm Washington Law & Associates, PLLC, who then transmits it to the United States Patent & Trademark Office (the USPTO or “Trademark Office”) within 24 hours of receipt in most in instances.

The Trademark Office will assign your application to an examining attorney. Examining attorneys are gatekeepers, and their job is to not let your mark get past the proverbial gate unless they are certain that your mark does not violate any trademark rules or doctrines, which are several. For any number of reasons, the examining attorney may refuse to register your mark.

When an examining attorney initially refuses a mark, the refusal will be discussed in what is referred to as an Office Action. You will have 3 months to respond to the Office Action or your mark will be abandoned. And even if you timely respond to the Office Action, more often than not, the examining attorney will find a reason to maintain the refusal. That is why you need Brandme.

Brandme employs machine learning, artificial intelligence, and our proprietary database to help you overcome any refusal. As much as possible, we automate responses to refusals, using compelling legal arguments that include precedential and persuasive case law specific to trademark controversies.

People spend thousands of dollars hiring attorneys to prosecute and defend their marks. But for a fraction of the cost, you can get the same service by using Brandme and our trusted legal team.

Brandme also helps you on the front end of the application process. Each trademark application has fields that require the input of data. Some of the data required is straightforward personally identifiable information, such as your name and address. But other information may not be so obvious for a person who isn’t used to trademark parlance and can cause frustration; or worse, you may input incorrect data that could cause your application to be rejected. You can rest assured that by using brandme your responses will be complete and appropriate for a successful application

Brandme saves you time and money, and gives your peace of mind. You can feel confident that you are getting the best advice concerning your trademark application.

Let us help you make your business ideas a reality through branding. Try Brandme.

A Notice of Allowance is a written letter sent by the examining attorney with the Trademark Office to the owner (or the applicant’s attorney if they already have one) of an intent-to-use application. It is sent after the mark passes the likelihood of confusion phase, has not been denied registration for other reasons (or overcomes the denial), has been published for opposition, and the 30-day opposition period has expired.

When these conditions are satisfied, a Notice of Allowance is issued, which is literally notice that the applicant is allowed to register the trademark. This is great news! It means that the mark is likely well on its way to registration after submission of an Allegation of Use, which must include evidence that the mark has been properly used in commerce.

An Allegation of Use is required when an application is filed with an intent-to-use basis to show that the mark is now being used in commerce – in other words, to show that the brand is already engaged in the business environment.

The Trademark Office requires that each registered trademark is used in the regular course of business, and not registered merely to reserve a right in a mark to prevent others from using it. To “use in commerce” means to use a mark to sell goods or services or to advertise or promote goods or services so that they can be purchased, consumed, or otherwise used by the public. Importantly, for U.S. brand owners, the goods or services must be offered in more than one state, or in one state and in another country. Goods or services distributed via the Internet satisfy the use in commerce requirement.

A drawing is a high-resolution image of your mark without the TM symbol next to it. The mark should be clearly visible with no other matter in the image other than stippling or a white background, which you must disclaim.

The file uploaded must be a JPG (5 megabytes or smaller).

Trademark owners are typically eligible for federal registration if they can demonstrate the use of their trademark in commerce, and their use of the mark does not violate any other rules. This is why applicants must submit specimens during the application process, as they serve as evidence of trademark usage. However, simply demonstrating initial use is not sufficient to maintain the registration and its associated benefits. Regularly demonstrating ongoing use throughout the lifespan of the trademark is crucial.

When it comes to submitting required maintenance documents, the usual procedure involves providing a signed declaration confirming the continuous use of the trademark with the registered goods and services. Additionally, one specimen must be submitted for each class of goods or services.

In the event of an audit, the Trademark Office may request further proof of use. Failure to provide satisfactory proof of use may result in the need to (i) provide evidence for every good and service listed in the audited classes, (ii) remove any items for which use cannot be proven, and (iii) pay a fee for each class with deletions.

You will lose your registration if you stop using all the goods or services associated with it. But if your mark is registered for more than one good or service, you can still maintain your registration as to the goods/services still in use. Before you file any required maintenance document, carefully reevaluate your trademark use. It’s vital that you file accurate maintenance documents to avoid jeopardizing your registration. Only include goods or services for which you can provide evidence of your trademark use, or request an exception. If you aren’t using your trademark with one or more of the goods or services in your registration, you should have the attorney handling your registration through Brandme file a Section 7 request to delete them for $125, and identify the deleted goods or services in your declaration/affidavit, which you will sign.

An affidavit or declaration is a written statement made by you where you swear that what you are saying in the statement is true. There are serious consequences for making false statements, so only state what you know to be true.

Copyright is a legal protection given to original creative works such as books, photographs, arts, movies, and music. It grants the creator exclusive rights to reproduce, distribute, display, make derivatives of, and perform their work. Generally, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first.

A patent, on the other hand, protects inventions and innovations. It grants the inventor exclusive rights to their invention, preventing others from making, using, selling, or importing it without permission. Patents can cover processes, machines, manufactures, compositions of matter, or improvements thereof. Patent protection typically lasts for 20 years from the filing date.

A trademark is a form of intellectual property that protects brands and helps consumers identify and distinguish goods and services from one another. It can be a word, phrase, symbol, sound, or design that represents the source of the goods or services. Trademarks provide exclusive rights to use the mark in connection with specific goods or services and can be renewed indefinitely as long as they are properly maintained. Trademark protection ensures that consumers can trust the quality and reputation associated with a particular brand.

In summary, copyright protects creative works, patents protect inventions, and trademarks protect brands and their associated goods or services.

Under U.S. law, a common law trademark is established when someone uses a company name, logo, or slogan in commerce to identify goods/services, even if it is not registered. However, a key advantage of registering a trademark is that it provides nationwide protection, unlike common law rights which are typically limited to the geographic area where the mark is used. Registering a trademark allows for the expansion of the brand beyond a specific region and prevents others from offensively registering a similar mark and restricting its use.

Additionally, registration of a trademark provides several benefits in court, such as establishing the validity of the mark and the date of usage, which can be crucial in trademark infringement litigation. Registered trademark owners are entitled to favorable remedies in case of legal disputes. Furthermore, once a trademark is accepted by the Trademark Office, it is maintained in the Trademark Office’s database. This acts as a deterrent for other businesses that may consider using the mark in the future because they can see that the mark is already in use, which helps prevent potential disputes.

To register a trademark, you typically need to provide the following information:

1. The mark you want to use.
2. The full legal name and address of the mark owner.
3. A specimen showing the mark being used in commerce, such as a product picture or website advertisement.
4. The category of goods or services associated with the mark, along with a description.
5. The date of first use of the mark in commerce and the date it was first used anywhere.

Some words and phrases do not make good trademarks. The Trademark Office categorizes names based on their distinctiveness, ranging from “generic,” “descriptive,” “suggestive,” “arbitrary” and “fanciful.” The chances of approval by the Trademark Office increase as the name becomes less generic and more fanciful.

Generic marks are words that are commonly used to refer to a product or service and will never receive trademark protection. Descriptive marks merely describe a feature or characteristic of the product or service they identify and are also unlikely to be registered unless they have gained “secondary meaning” through sales, marketing, and unsolicited press. Suggestive marks hint at a quality or characteristic of the product or service with which they are associated and have a better chance of approval. The strongest marks are arbitrary, meaning the use of existing words in unrelated ways, or fanciful, which are made-up or rarely used words with no descriptive meaning.

The Trademark Office may also reject a name if it is too similar to an existing registered mark, if it is a surname, or if it is geographically descriptive or misdescriptive of the business location.

There are different types of marks that can be registered:

1. Trademarks: Used to register a name, logo, or slogan related to the sale of goods.
2. Service marks: Used to register a name, logo, or slogan related to the sale of services.
3. Intent to Use applications: Useful for future marks that are not yet used to sell goods or services. These applications establish a company’s place in line based on the filing date, even if the mark is not yet in use. A statement of use is filed once goods or services are sold with the mark.

Many people choose to trademark their company slogan and name along with their logo for convenience. Filing all three at the same time is not a rule, but an option. However, it’s important to note that each “mark” (brand, logo, slogan, name) requires a separate application and filing fee.

No, it is not necessary to be actively using your logo in business before filing a trademark application. You can file an Intent to Use application at any time. However, before your logo becomes a registered trademark, you will need to provide proof that the logo is being used in commerce, such as through brochures, websites, business cards, or other relevant materials.

Before using a mark to sell any goods or services, you should first do at least a quick search (a comprehensive search is advised). Running a search for similar trademarks before applying for registration is time-efficient and cost-effective. It helps avoid duplicating and using existing marks, which could result in you being sued or a rejection of the application, costing you nonrefundable application fees and possible legal expenses.

It is easier for newer companies to make name changes during the early stages rather than after substantial investment in the brand. Additionally, a comprehensive search covers not only Trademark Office filings but also state and d/b/a (doing business as) filings.

Use-based trademarks are filed by applicants that are already selling products or services using the mark. This means that the mark is currently being used in commerce. On the other hand, an “intent-to-use” application is appropriate when the mark is not yet in use but the company has the intention to use it in the future. It establishes a place in line for the applicant to use the mark.

For intent-to-use applications, extensions can be filed every six months for up to a total of three years to maintain the place in line. Once the mark is actually used in connection with the described goods or services, a “statement of use” can be filed to complete the trademark registration process and obtain protection.

There can be advantages to registering both a company name and an associated logo as separate trademarks. However, it’s important to note that each filing requires its own brandme fees and government filing and processing fees.

If budget is a concern, a more cost-effective option could be to register only the company name. Wrongful use of names is more common than wrongful use of logos. Registering a name generally provides broader protection because it prevents any use of the name that causes confusion, even if someone tries to use the name within a unique logo.

When a logo is trademarked, it typically protects the specific shape, orientation, styling, and sometimes color of that logo. Registering the logo usually prevents others from using that logo or something confusingly similar to it. However, registering the logo may only protect the use of the company name as it is used in that particular logo, and not the use of the name more generally. If a company makes changes to its logo, a new application for the new logo may be required. Logo changes are more common than name changes.

No, the incorporation of a company name is not the same as a trademark. Most states allow companies to incorporate using a chosen name as long as it does not conflict (i.e., an identical match) with another name already registered in that state. However, this does not provide exclusive nationwide use of the name.

Trademark rights are separate from company incorporation. For example, a company may be allowed to use a certain name for incorporation in a particular state, but another company in a different state may have already registered that name as a trademark, granting them exclusive rights to use that name throughout the United States.

While using a name to sell a product or service may establish common law trademark rights, being allowed to use a company name or a “doing business as” (d/b/a) name does not typically provide any trademark rights. Registering a trademark with the Trademark Office is generally better for securing nationwide protection and enjoying the benefits and remedies associated with trademark registration.

The trademark application requires a description of the goods and services associated with the mark. The description of use should not be too narrow, as it may fail to protect some intended goods or services. Conversely, it should not be too broad, as it may lead to rejection if the Trademark Office believes it infringes on another trademark. The description should avoid using open-ended lists or phrases like “including” and “such as.” It should also not simply repeat the broader category name or use a term that fits into multiple categories.

Using plain English that is recognizable and understandable outside a given industry is recommended. Punctuation also matters, so the applicant should consider the difference between a semi-colon and a comma when crafting the description.

To ensure that you select the correct goods/services and descriptions, visit here.

When starting a trademark filing application, you will be asked to provide the following information:

– A description of how you currently use or plan to use your trademark.

– The name of the owner of the trademark. The owner is the individual or entity that controls the nature and quality of the goods or services associated with the mark. Note that the owner may not necessarily be the person filling out the form, but can be an individual, corporation, partnership, LLC, or other legal entity.

– The goods or services on which the trademark will be used.

A trademark application in the United States must include the following elements:

Basis for filing: There are two bases for filing a trademark application: current use and intent to use.

Current use or in-use: If you are applying based on current use, you must include a sworn statement (usually in the form of a declaration) stating that the mark is already in use in commerce. You need to provide the date of the first use of the mark anywhere and the date of the first use of the mark in commerce. Additionally, you must include a specimen that demonstrates the mark’s use in commerce. For goods, the mark should appear on the goods, their packaging, or displays associated with them, and the goods must be sold or transported in commerce. For services, the mark should be used or displayed in the sale or advertising of the services, and the services must be rendered in commerce.

Intent to use: If you haven’t used the mark yet but have a good faith intention to use it in the future, you can file an application based on intent to use. You need to provide a sworn statement (usually in the form of a declaration) expressing your bona fide intention to use the mark in commerce.

Description of use: You are required to describe how you currently use or plan to use the trademark and on what goods or services the mark will be used. The owner of the mark is the person or entity who controls the nature and quality of the goods or services identified by the mark. The owner can be an individual, corporation, partnership, LLC, or other legal entity.

Goods and services: Goods are products, such as t-shirts or paint brushes, while services are activities performed for the benefit of someone else, such as bicycle rental services or catering. It’s important to determine whether your customers are paying for a product or paying for an activity. You can list both goods and services in your application and must specify the particular goods or services for which you want to register the mark. Each category of goods or services belongs to an “International Class” (or “Class”), and separate filing fees are required for each class.

Changing goods/services after filing: After filing your application, you may clarify or limit the goods or services claimed, but you cannot expand or broaden them. For example, you can narrow the goods from “shirts” to “t-shirts and sweatshirts,” but you cannot change the goods to include unrelated items like “shirts and sneakers.” Similarly, if you initially filed for “jewelry,” you can specify the type of jewelry like “earrings,” but you cannot change it to a service such as “jewelry stores.”

Specimen of use and drawing: A specimen is a sample that demonstrates how you use the mark in commerce on your goods or with your services. It shows how purchasers encounter the mark in the marketplace, such as on labels or websites. On the other hand, a drawing depicts only the mark itself. When applying for registration through Brandme or with the assistance of an attorney, they can help you determine acceptable specimens and drawings for your trademark application.

Brandme simplifies the application process for you. Click here to begin applying for your trademark.

Yes, you can register a trademark even if you reside outside the United States. Your citizenship information needs to be included in the trademark application, but it does not have to be U.S. citizenship. If you have dual citizenship, you must select which citizenship you want to be printed in the Official Certificate of Registration.

Brandme can assist you in registering your trademark in more than 55 countries worldwide. An attorney representing you can guide you through the process. Click here to start your trademark application through Brandme.

In general, it is advisable to submit a black-and-white drawing of your logo, even if you use it in color. A black-and-white trademark protects your mark’s use in any color. If you want to claim a specific color(s) as part of your trademark, you need to submit a color drawing of your logo. Brandme simplifies the process for you, so click here to start applying for your trademark.

The process of obtaining a trademark registration involves several steps. Here is an overview of the process:

Filing the Application: Start by filing an application with the Trademark office. Once filed, the Trademark Office assigns an attorney to examine the proposed trademark, who’s called the examining attorney. The registration process typically takes around a year under ideal circumstances, but it can take years longer if legal issues arise during examination.

Examination: The assigned attorney reviews the application and considers various factors to determine whether it should be approved. These factors include the similarity of existing registered trademarks and the uniqueness of your intended trademark in relation to your product. Marks that are similar to existing trademarks, and those that are considered “merely descriptive” or “ornamental,” among other reasons, may face rejection.

Approval and Registration: If your trademark application is approved, the Trademark Office will issue either a Certificate of Registration (if you are already using the trademark) or a Notice of Allowance (if you intend to use the mark at a later date). This final step grants you the official trademark registration.

Registering a trademark provides several benefits, including:

Unique Identification: A trademark helps uniquely identify your products or services to potential customers, distinguishing them from competitors.

Protection Against Infringement: Federal registration of a trademark helps prevent competitors from using similar marks that may cause confusion among consumers.

Safeguarding Your Business: Registration protects your business name, logo, or slogan, preventing others from stealing or misappropriating them.

Brandme, a trademark filing service, can assist you in obtaining a trademark registration conveniently. Here’s how it works:

Online Application: Visit the Brandme website and answer a few questions online to initiate the registration process.

Attorney Representation: When you choose Brandme, a licensed U.S. trademark attorney from Washington Law & Associates, PLLC (the “Firm”) will manage your trademark filing. The Firm’s attorneys are experienced in trademark law and will provide expert guidance and representation.

The cost of registering a trademark includes both legal preparation fees and government filing fees per country. Brandme’s filing service starts at $849 (one trademark/slogan/logo in one class + $500 for each additional class), and there are potentially additional government filing fees, and Firm fees, for Office Action responses if required.

Expertise and Protection: Brandme provides the expertise of an experienced trademark law firm, helping you get the best possible protection for your trademark and defend your rights.

Legal Guidance: The Firm’s attorneys via Brandme will advise you on protecting your rights and handling trademark infringement claims.

Timely Updates: The Firm’s attorney representing you will promptly contact you about updates to your filing, so that you stay informed throughout the process and never miss important deadlines.

No, but before filing your trademark application, it is advisable to search the Trademark Office database to check for any registered or pending marks that may be similar to yours. Brandme simplifies the process by providing an easy-to-use search function on their website. You can search for federally pending and registered trademarks by entering the mark you’re inquiring about. Keep in mind that the search results will show exact spelling and spacing variations of your query, so it’s recommended to try different variations to get comprehensive results. Conducting a search helps you assess the potential availability of your desired trademark, and possibly avoid rejection of your application or infringement claims post-registration.

Only foreign applicants must hire a U.S. licensed attorney to file their trademark applications in the United States. But even if you reside in the U.S., hiring an experienced trademark law firm like Washington Law & Associates, PLLC via Brandme is recommended due to the complexity of the application process and potential legal issues that may arise.

By using Brandme, you can benefit from the knowledge and experience of trademark attorneys who can guide you through the process and help you protect your brand effectively.

• Expertise and Knowledge: Brandme provides you access to a team of experienced trademark attorneys who understand trademark laws. They have the necessary knowledge and expertise to guide you through the trademark registration process.
• Prompt Processing: Brandme aims to process trademark applications within 24 hours. During this time, a licensed trademark attorney reviews and approves the applications for filing. This efficient process ensures that your application moves forward swiftly.
• Attorney Communication: If there are any questions or clarifications needed regarding your trademark application, the attorney representing you through Washington Law & Associates, PLLC will directly reach out to you via phone or email. This personalized communication ensures that all your concerns are addressed before filing the application.
• Assistance throughout the Process: The United States Patent and Trademark Office (the “Trademark Office”) does not provide legal advice or opinions on trademark matters. However, when you choose Brandme, you have access to attorneys who can provide guidance, answer questions, and assist you throughout the trademark registration process. They can help you protect your brand and defend your rights.
• Transparent and User-Friendly Platform: Brandme has developed a user-friendly website that allows you to search for pending and registered trademarks and provides a straightforward application process for trademark registration.
• Compliance with Requirements: Brandme, through the attorney you’re represented by at Washington Law & Associates, PLLC, ensures that your trademark application meets all the necessary minimum requirements set by the Trademark Office. By working with experienced trademark attorneys, you can rest assured that Brandme’s commitment to expertise, efficiency, personalized communication, and customer satisfaction makes it a trustworthy option for trademark registration. Note, however, that there is no guarantee that your application will result in registration just because it meets the minimum requirements.

Brandme, through the licensed trademark attorney at the Firm working with you, aims to file every trademark application within 24 hours once you submit your request. They strive to expedite the process and make every effort to file your application promptly. However, the overall time it takes for a trademark to register varies, as no two applications are the same.

The registration process for trademarks takes at least 11 months because more applications are being submitted now than ever before. Additionally, the Covid-19 pandemic caused a backlog. This duration includes the time it takes for the Trademark Office to review and examine your application, as well as any potential legal issues or objections that may arise during the examination.

It’s important to note that the timeline can be affected by factors such as the complexity of your application, your responsiveness in providing necessary information, and any clarifications required by the Trademark Office. Delays in these areas can extend the overall processing time.

The filing date of your trademark is the date when the attorney representing you through Brandme reviews and transmits your application to the Trademark Office and it reaches their server. This date is determined in Eastern Standard Time (EST).

Typically, the filing date is within 24 hours after you fill out a trademark application through Brandme, subject to any delays caused by an incomplete or errant application. It’s important to understand that receiving a filing date does not mean that you have satisfied all the registration requirements. To obtain a registration, you must comply with all application requirements and address any refusals issued by the Trademark Office during the trademark examination.

An attorney representing you at the Firm through Brandme can guide you through the process, helping you meet the necessary requirements to overcome any obstacles that may arise during the examination.

Having a domain name does not guarantee superior trademark rights. While using a domain name as part of a brand that sells goods or services may establish common law trademark rights, these rights are limited to the geographic area where the mark is used. Common law rights are not as strong as registered trademark rights, which provide nationwide protection and legal advantages in case of disputes.

The availability of a domain name should be considered as part of a comprehensive trademark search to evaluate the strength of a brand name or slogan and the likelihood of trademark approval. Registering a trademark with the Trademark Office offers numerous benefits, including nationwide protection, a presumption of validity and usage date in litigation, access to favorable remedies, a public record that discourages others from using the mark, and potential increases in a company’s value, which can aid in applying for loans or in the event of an asset sale or merger.

When registering a trademark for a company name, it is common to also consider protecting the company’s web address if it includes the company name followed by “.com” or another generic top-level domain (gTLD). The Trademark Office generally does not view the “.com” part as identifying the source of goods and services, so it is not automatically considered part of a company’s name. Therefore, an online business that primarily identifies itself by its website name may choose to solely register the domain name.

Even if the domain name is not registered separately as a trademark, a registered trademark can still help prevent cybersquatting and the use of confusingly similar domain names. In the United States, additional rights and remedies are provided to holders of registered trademarks through the Anti-Cybersquatting Consumer Protection Act and the Uniform Domain Name Dispute Resolution Process.

Companies might consider registering their slogans if they heavily invest in marketing campaigns and want to protect their slogans as intellectual property. Short catchphrases or sayings can also be registered as trademarks. The same rules that apply to selecting and registering a company name also apply to slogans. Ideally, a slogan should be inherently distinctive, creative, or have developed a secondary meaning. If a saying is too generic or lacks distinctiveness, it may not be eligible for trademark protection unless it has gained significant fame and association with a specific brand.

The filing fee for a standard trademark application with the United States Patent and Trademark Office (Trademark Office) is $350 per class, per mark. This fee is applicable whether you file on your own, hire an attorney, or utilize another service. The Washington & Associates, PLLC law firm (the “Firm”) collects this fee from your payment and remits it to the Trademark Office when the application is submitted.

After filing a trademark application, the Trademark Office typically begins reviewing it within approximately 10 months. The review process itself takes around a month. If no issues arise during the review, the Trademark Office publishes the mark in the Official Gazette to allow the public to challenge it. If there are no challenges within 30 days, the mark will register approximately three months later.

However, if the Trademark Office identifies any problems with the application, they may issue an “Office Action” letter. At this point, the applicant has two options: either respond to the Trademark Office’s concerns or abandon the application. It is advisable to consult with a qualified attorney when determining the appropriate response. Typically, there is a deadline to respond, so taking the Office Action seriously is crucial. If the Trademark Office continues to challenge the application, an appeal process can be pursued through the Trademark Trial and Appeal Board (TTAB). The TTAB handles both challenges by third parties to trademarks and appeals initiated by applicants. TTAB proceedings resemble trials in court and involve complex procedural rules that even non-lawyers are expected to follow. In the event of involvement in a TTAB proceeding, hiring an attorney is recommended.

When you use Brandme, we provide you access to the Firm, which uses AI technology to respond to Office Actions that are always overseen and reviewed by the Firm’s experienced attorneys.

In many cases, a trademark consists of a group of words, with some of them potentially describing the product or being merely descriptive. While it may still be appropriate to register the entire mark, the Trademark Office may question the attempt to claim certain individual terms that are related to the product or descriptive. As a result, some companies choose to disclaim those words while continuing to seek registration for the overall mark. Alternatively, the Trademark Office may request an applicant to disclaim part of the mark after the filing.

A disclaimer does not remove the unregistrable part of the mark or alter its appearance. Instead, it is recorded in the Trademark Office database to indicate that the company does not make an exclusive claim to that specific part of the mark. Failure to disclaim a required portion may lead to rejection of the application. Often, the Trademark Office may issue an Office Action requesting the disclaimer of unregistrable parts, which can cause delays in the application process. In such cases, the applicant generally has two options: agree with the Trademark Office’s request or choose to contest the request for a disclaimer. As the response may have significant legal implications regarding the mark’s protection, it is advisable to consult with an attorney after receiving an Action Letter that includes a request for a disclaimer.

The Trademark Office has provided examples illustrating situations where a disclaimer is typically required:

Generic words: Disclaiming “Fruit” in the mark “Larry’s Fruit Stand” for produce goods.

Merely descriptive words: Disclaiming “Smart” in the mark “Smart Doozy ” for educational services.

Geographic terms: Disclaiming “Southwest” in the mark “Famous Mark Southwest Guacamole.”

Informational words: Disclaiming designations such as product size or year of founding, usually applicable when registering logos.

Well-known symbols: Disclaiming the “$” symbol in a mark for a financial services company.

Misspellings or telescoped words: Disclaiming “Super” and “Rinse” in the mark “Superinse Cleaner.” Another example is disclaiming “quick” in “Jay’s Quik Print.”

Compressed compound wording: Disclaiming “Cool Pack.com” in the brand “CoolPack.com” because “CoolPack” is a compressed compound term, and “.com” does not indicate the source of goods or services.

Foreign wording: If the translation of a foreign word is generic or descriptive, it should be disclaimed. For instance, disclaiming “Rouge” in the mark “Gala Rouge” for wine because “Rouge” simply means “red,” which is descriptive of red wine.

Multiple words disclaimer: Some words naturally go together, so the Trademark Office requires them to be disclaimed together instead of separately. An example is disclaiming “Pizza Parlor” in the mark “Pete’s Pizza Parlor.”

The Principal Register is the primary register for trademarks, providing various rights under federal law. Registering a mark on the Principal Register offers several advantages:

Presumed notice and claim of ownership: Registration on the Principal Register notifies the public of the owner’s claim of ownership of the mark.

Legal presumption of ownership and exclusive right: The registrant is presumed to be the rightful owner of the mark and holds exclusive rights to use the mark in commerce for the goods/services specified in the registration. This presumption is beneficial in legal proceedings.

Constructive use of the mark: The filing date of the application establishes a date of constructive use of the mark, which can be useful in legal proceedings.

Access to federal court: The registrant can bring a legal action regarding the mark in federal court, which is considered an advantageous venue.

Customs protection: The registration can be filed with the U.S. Customs and Border Protection to prevent the importation of infringing foreign goods.

Potential incontestable status: The registrant’s exclusive right to use the mark in commerce for the covered goods/services can become “incontestable” under certain conditions, providing additional protection in court proceedings.

Basis for international registration: The registration can serve as a basis to obtain trademark registration in foreign countries.

It’s important to note that if no register is specified, the Trademark Office assumes that registration on the Principal Register is being sought.

On the other hand, the Supplemental Register includes non-distinctive designations, such as descriptive words, that have the potential to eventually become trademarks. Registration on the Supplemental Register offers the following advantages:

Use of the ® symbol: The registrant may use the registration symbol ® to indicate its claim of ownership.

Protection against confusingly similar marks: The registration is protected against the registration of a confusingly similar mark under Trademark Act Section 2(d).

Federal court infringement suits: The registrant can initiate a lawsuit for infringement in federal court.

Basis for international registration: The registration can be used as a basis for obtaining trademark registration in foreign countries.

Trademarks can last indefinitely under certain conditions. Once properly registered, trademarks generally need to be renewed periodically. The first renewal, known as the Declaration of Continued Use, is typically due between the 5th and 6th anniversary of the filing. Subsequent renewals usually occur between the 9th and 10th year, followed by renewals every ten years thereafter.

At the five-year mark, if the mark has been consistently used, it is advisable to file a “Declaration of Incontestability” to obtain additional protection under trademark law. This declaration helps prevent others from contesting the trademark on common grounds, such as claims that the mark lacks inherent distinctiveness, is confusingly similar to a prior mark, or is merely functional rather than indicating the source of goods or services.

If someone is infringing on your trademark, it is common to send a cease and desist letter demanding that they stop using the mark. A cease and desist letter is a letter written on behalf of a rights holder to an infringer notifying the infringer of the rights holder’s rights and advising of possible consequences if the infringement is not terminated. In many cases, the infringing party complies and stops the infringing activity upon receiving the letter. However, if the infringing party ignores the demand or disputes the infringement, you may consider filing a trademark infringement lawsuit. It is advisable to consult with an attorney to determine the best course of action for your specific situation.

Successful trademark infringement lawsuits typically involve certain characteristics, including:

The plaintiff being the owner of a valid mark, which is generally presumed if they have a federal trademark registration.

The plaintiff using the mark in commerce prior to the other party.

The other party using the mark without authority in connection with the sale of goods or services.

The other party using the mark in a manner likely to cause confusion among relevant consumers.

If the Trademark Office objects to your trademark application, they may issue an Office Action or Action Letter. This can happen for various reasons, such as the mark being too similar to an existing one or being too generic or descriptive. As an applicant, you have the right to respond to the Trademark Office and present your case as to why the initial objection is incorrect. It may be beneficial to hire an attorney at this point to help advocate for your trademark. In some cases, the Trademark Office may object to an application until the applicant disclaims part of the mark or files on the Supplemental Register. The Firm can help you overcome these objections.

The Firm is the law firm Washington & Associates, PLLC that will be handling your trademark application/registration if you sign up for services through Brandme.

Yes, it is possible to make changes to a trademark application. The process and associated fees depend on the timing of the changes. If the trademark has not been published in the Official Gazette, changes can be requested through your Brandme account, with additional fees to the Firm and filing fees to the Trademark Office potentially applicable.

If the trademark has already been published in the Official Gazette, changes generally require a Post-Publication Amendment, which Brandme can assist with. Depending on the scope of the amendment, filing a new application may be necessary. For example, broadening the scope of the mark or adding international categories may require additional fees and a new application. However, clerical errors are usually easy to fix and don’t typically impact the applicant’s place in line or require a new application.

According to the Trademark Office, software can be classified as both a good and a service. If a company sells actual software that customers purchase through a disk or download, the description may fall under “Computers and Scientific Devices” as a product. On the other hand, if a company provides software as a service (SaaS) through a website, the description may be classified as “Science and Technology Services” as a service.

Registering a trademark for a clothing brand can help protect it from others selling clothes under the same name or logo. However, the Trademark Office may not approve an application for clothing that simply features a slogan on a t-shirt. Generally, the word or phrase should function as a brand name rather than an attempt to monopolize a slogan, unless the slogan is tied to a specific product like Nike’s “Just Do It.” The Trademark Office often requests evidence that the words are being used as a brand, such as labels, tags, or coat hangers with the brand name on them. Fashion brands usually start with Class 25 for clothing and may expand into other areas like jewelry or handbags, which require additional filing fees to the Trademark Office.

Generally, no. Traditionally, copyright protection, instead of trademarks, applies to books and other literary works. Copyright safeguards the creative, written content, while trademarks primarily identify the source of goods or services. As a result, trademark registration generally doesn’t apply to individual books or stories. However, a series of books, such as the Hardy Boys, may be eligible for trademark protection to indicate that individual books are part of that series. Characters associated with books can also be trademarked if they are used in connection with merchandise or services related to the books, such as shows or appearances.

Yes, however, the Trademark Office generally discourages trademarking a given name or stage name to prevent exclusive rights over a common name. However, an individual’s name may be eligible for trademark registration if it has acquired a secondary meaning through its association with a specific product or service and if it belongs to the person seeking the trademark. Secondary meaning refers to a name becoming famous or widely recognized. For example, celebrities like Cher and Michael Jordan have registered trademarks in their names. However, individuals with common names like John Smith, who work in non-distinctive professions like accounting, may face challenges in trademarking their names.

Yes. When it comes to bands or musicians, it is common to register trademarks in several classes. Many bands initially register under the entertainment services class to protect their mark in relation to live performances and start building their fan base. As the band grows, they can expand their trademark registration to include other classes like sound recordings and clothing. An example is the Dave Matthews Band, which registered in multiple classes over time, starting with entertainment services and gradually expanding to other categories like sound recordings, clothing, posters, paper goods, interactive computer services, cloth patches, backpacks, blankets, and jewelry. Registering in multiple classes incurs additional filing fees. The Trademark Office generally requires a specimen, which is proof that a company is selling the identified goods or services in commerce, unless an intent-to-use application is filed.

Nonprofit organizations, social media groups, and social clubs can usually obtain trademark registration for their names, logos, or slogans. Registering a mark generally prevents others from using it in a manner inconsistent with the social mission or charitable functions of the nonprofit. Both online and offline communities can be protected by a trademark. However, if the social media group is primarily engaged in selling or promoting other goods or services, it may not qualify for trademark registration. In such cases, filing the appropriate trademark related to those specific goods or services, rather than describing it as a community, has been a successful approach for some organizations.

Nonprofits and social organizations may face different requirements regarding the “use in commerce” aspect. Nonprofits can demonstrate use in commerce if they provide goods or services to individuals, even if the nonprofit receives funds from a different person. Proof of nonprofit status is generally required. Social organizations typically satisfy the “use in commerce” requirement when dues or funds are spent on activities.

Different classes may apply depending on the nature of the nonprofit or social group’s activities. Some groups have registered under Class 35 for advertising and business services, Class 36 for charitable fundraising services, and Class 41 for social club services that organize events, gatherings, or parties for members or share information about specific causes.

The owner of the mark is the person or entity that controls the nature and quality of the goods or services associated with the mark. It is not necessarily the name of the person filling out the form. The owner can be an individual, corporation, partnership, LLC, or any other legal entity. Brandme simplifies the trademark application process, and you can click here to get started with applying for your trademark.

You have the option to file a trademark application as an individual or a corporation in terms of ownership. It’s possible to transfer ownership later on. For example, if you are starting a company on your own but eventually want the trademark to be in your company’s name, you can file the application under your name and later transfer it to your company. The same flexibility applies in reverse as well.

Goods refer to products such as t-shirts or paintbrushes, while services are activities performed for the benefit of someone else, like bicycle rental services or catering. Distinguishing between goods and services can sometimes be confusing. Consider whether your customers are paying for a specific product or for a particular activity.

If your customers are paying for a product, like a hammer or binoculars, then you are dealing with goods. On the other hand, if your customers are paying for a specific activity, such as teaching or bicycle rental, then you are providing services. In an application, you can list both goods and services. It is essential to specify the specific goods or services for which you want to register your mark. If you are filing based on the current use of your trademark, you must be using the mark in commerce for all the listed goods or services. If you are filing based on an intent to use the trademark in the future, you must have a good faith or bona fide intent to use the mark for all the goods or services listed.

Goods and services are categorized into “International Classes,” and each class requires a separate filing fee with the government. Brandme simplifies the process, and you can click here to get started with your trademark application.

While you can clarify or limit the goods or services claimed in your application, you cannot expand or broaden them. For instance, if you initially filed for “shirts,” you can narrow it down to specific types like “t-shirts and sweatshirts.” However, you cannot change it to “shirts and sneakers.” Similarly, if you filed for “jewelry,” you can modify it to specify particular types like “jewelry, namely, earrings,” but you cannot change it to a service like “jewelry stores.” Brandme can assist you in this process, making it easy to apply for your trademark.

When you apply to register your trademark, you will need to provide a specimen of use. A specimen is a sample that demonstrates how you actually use the mark in commerce on your goods or with your services. It is different from a drawing, which only depicts the mark itself without any other matter in the image. The specimen shows how purchasers encounter the mark in the marketplace, such as on labels or your website. When you request to register your trademark through Brandme, an attorney representing you can help determine what an acceptable specimen and drawing should be.

Once you file your trademark application, an attorney representing you at the Firm will review the application to ensure that you have submitted an acceptable specimen and drawing. This step is necessary to register your trademark successfully. Brandme can assist you throughout the process, and you can click here to get started with applying for your trademark through Brandme.

Filing a trademark application does not mean that your trademark is immediately registered. The normal process for registration can take approximately 11 to 18 months, and sometimes even several years, depending on any legal issues that may arise during the examination.

After you file your application, it takes about 10 months for an examiner at the Trademark Office to review it and determine if your mark qualifies for registration. If the examiner determines that your mark meets the requirements, the Trademark Office publishes the trademark in the Official Gazette, an online publication, stating that it is a candidate for registration. This provides existing trademark owners and other parties with a commercial interest in the trademark an opportunity to object to the registration. If there is an objection, the Trademark Office will schedule a hearing to resolve the dispute. If no objections are raised, your mark will likely register a few months after the opposition period ends.

If the examiner determines that your mark does not qualify for registration, you will receive an Office Action explaining the reasons for the objection. You will have three months from the date of the Office Action to respond and address the examiner’s objections.

In the context of applying to register your trademark, a proper specimen for a mark used on goods typically shows the mark affixed to the actual goods, labeling, or packaging. For example, your specimen may be a tag or label displaying the mark, or a photograph showing the mark on the goods or packaging. It should represent what you actually use and not be a mock-up. For instance, a sample of an acceptable specimen for the mark “FRESH” used on t-shirts would be a tag on the shirt displaying the mark. Note, for t-shirts and baseball caps, the mark should not be emblazoned in large type on the front of the item; otherwise, the examiner might reject the mark as being merely ornamental or informational. When applying for your trademark through Brandme, an attorney representing you can assist in determining what an acceptable specimen is.

A website can serve as an acceptable specimen if the mark is displayed alongside a picture or description of the goods, and customers can order the goods directly from the website. However, if the website merely advertises the goods without providing the ability to purchase them, it would not be considered an acceptable specimen. When you apply for your trademark through Brandme, an attorney representing you can help determine if your website serves as an appropriate specimen.

In the case of services, a proper specimen must demonstrate the mark being used in providing or advertising the services. Examples of acceptable specimens include signs, brochures, advertisements, websites, business cards, or stationery that display the mark and make reference to the services. Simply displaying the mark itself without any indication of the services would not be acceptable. For example, if the mark “2FRESH” is being registered for retail stores featuring men’s sportswear, an acceptable specimen would show the mark in the clothing store in close proximity to the merchandise for sale. When applying for your trademark through Brandme, an attorney can assist you in determining what constitutes an acceptable specimen.

Invoices, announcements, order forms, leaflets, brochures, publicity releases, letterhead, and business cards are generally not considered acceptable specimens for goods. When you apply for your trademark through Brandme, an attorney can help you determine what qualifies as an appropriate specimen.

When applying to register your trademark, the timing to file the specimen depends on whether your application is based on “use in commerce” or “intent to use.” If your application is based on “use in commerce,” you need to submit one specimen for each class of goods or services when you file the application. If your application is based on “intent to use,” you must submit one specimen for each class of goods or services when you file the “allegation of use.” The allegation of use can be filed either before publication (Amendment to Allege Use) or after publication (Statement of Use). If filing electronically, you need to attach an image of your specimen in .jpg or .pdf format.

An attorney representing you at the Firm through Brandme can assist in determining what constitutes an acceptable specimen. Click here to start the trademark application process through Brandme.

The most common reason for refusing registration is the likelihood of confusion with a mark that is already registered or has a pending application. When you submit your trademark application, the examining attorney conducts a search in the Trademark Office database to determine if there are any existing marks that could potentially create confusion with your mark. Various factors are taken into account during this process, including the similarity between the marks and the commercial relationship between the goods or services listed in your application and those in an existing registration or pending application. It is not necessary for the marks to be identical, nor for the goods or services to be identical. If there is sufficient similarity between the marks and a connection between the goods or services, it can lead to a likelihood of confusion.

When you choose to register your trademark through Brandme, an attorney with the Firm will represent you and assist in presenting your application in the most favorable manner for evaluation by the Trademark Office.

Registration may be refused if the mark creates a false suggestion, is deceptive or deceptively misdescriptive, is merely functional, identifies unlawful use, is descriptive for the goods or services, is a geographic term, a surname, if it is deemed ornamental when applied to the goods, or for other reasons.

You will not receive a refund as it is not possible to anticipate all forms of rejections from the government or private parties. However, most rejections can be overcome with the assistance of an attorney who can respond to these rejections for a fee.

You will not receive a refund as it is not possible to anticipate all forms of rejections from the government or private parties. However, most rejections can be overcome with the assistance of an attorney who can respond to these rejections for a fee.

If no refusals or additional requirements are identified, or if all identified issues have been resolved, the examining attorney approves the mark for publication in the Official Gazette (OG), a weekly online publication, by issuing a Notice of Publication. This typically occurs within 11-13 months from filing the trademark application. Brandme will send you the Notice of Publication with the publication date whenever there is a status update with the Trademark Office.

After publication in the Official Gazette (approximately 11-13 months after filing for registration), there is a 30-day period during which the public can object to the registration of the mark by filing an opposition. An opposition is similar to a court proceeding and is held before the Trademark Trial and Appeal Board, an administrative tribunal of the Trademark Office. A third party considering filing an opposition may request an extension of time, which could delay further action on your application.

If no opposition is filed or if you successfully overcome an opposition, you do not need to take any further action for the application to progress. The Trademark Office generally issues a registration certificate about 12 weeks after publication if the application is based on the actual use of the mark in commerce.

When you request to register your trademark through Brandme, an attorney representing you at the Firm will guide you through the process. Click here to begin your trademark application through Brandme.

A Notice of Allowance is a document issued by the Trademark Office approximately eight weeks after your intent-to-use trademark application has been approved for registration, published for opposition and not opposed, but before it is officially registered. It indicates that your mark has been allowed to register but hasn’t actually registered. Within six months from the issue date of the Notice of Allowance, you need to take specific actions to establish the use of your trademark.

If a Notice of Allowance has been issued, you establish use by filing a Statement of Use form. This form includes a sworn statement affirming that you are currently using the mark in commerce for all the goods or services listed in your application. You should remove any goods or services for which the mark is not in use. The Statement of Use must also include the following:

– A government filing fee of $100 per class of goods or services, which is included in the $179 legal fee (per class of goods or services) through Brandme.

– The date of first use of the mark anywhere and the date of first use of the mark in commerce.

– One specimen demonstrating how you use the mark in commerce for each class of goods or services.

The deadline to file the Statement of Use is within six months from the issue date shown on the Notice of Allowance, not the date you receive it. If you haven’t used the mark in commerce yet, you must file a Request for an Extension of Time to File a Statement of Use (Extension Request) before the end of the six-month period to avoid the application being declared abandoned.

You can request up to five additional extensions, each for up to 36 months from the Notice of Allowance issue date, by providing a statement of your ongoing efforts to use the mark in commerce. Each Extension Request requires a filing fee of $275 per class of goods or services (inclusive of government fees). The grant or denial of an Extension Request does not affect the deadline for filing the Statement of Use or the next Extension Request, as the deadline is always calculated from the issue date of the Notice of Allowance.

If the Notice of Allowance hasn’t been issued yet, and your application hasn’t been approved for publication, you may file an Amendment to Allege Use, which includes the same information as the Statement of Use. However, it’s important to note that you cannot file the Amendment to Allege Use during the “blackout period” after the mark’s approval for publication and before the issuance of the Notice of Allowance. In such a case, you must wait until after the blackout period to file your Statement of Use. If you require assistance with this process, an attorney representing you at the Firm through Brandme can guide you. Click here to start your trademark application through Brandme.

To maintain your trademark registration, you need to file certain maintenance documents at specific times. The first maintenance document must be filed before the end of the sixth year after the registration date, and subsequent maintenance documents must be filed thereafter. Your registration certificate contains essential information regarding maintaining your federal registration. It’s important to note that the Trademark Office does not send reminder notices when these documents are due.

To maintain your trademark registration, you must file the following:

– Declaration of Continued Use or Excusable Nonuse under Section 8: This declaration is due before the end of the sixth year after the registration date or within the six-month grace period following that. Failure to file this declaration may result in the cancellation of the registration.

– Combined Declaration of Continued Use and Application for Renewal under Sections 8 and 9: This combined declaration must be filed before the end of every ten-year period after the registration date or within the six-month grace period thereafter. Failure to make these required filings can lead to cancellation or expiration of the registration.

It is your responsibility to ensure that these maintenance documents are filed on time to maintain your trademark registration.

To renew your trademark, you must show that you have continuously used it in commerce to identify the related goods or services. To demonstrate use, you need to file three items with the Trademark Office:

1. A legally binding affidavit listing the goods or services from your registration that are currently in use.
2. A proof of use, also known as a specimen, illustrating how your trademark is displayed on your products or in connection with your services.
3. Payment of the government fee(s), which amounts to $225 per class of goods or services (all government fees are included in the fees you pay the law firm handling your registration through Brandme).

The first time you file the Section 8 affidavit, it must be done between the fifth and sixth anniversaries of the registration date. However, even if you miss the deadline, you still have a six-month grace period to file with the payment of an additional fee.

Renewing the registration, known as Section 9, is required every ten years. Unlike the Section 8 affidavit, this process incurs a higher fee of $525 per class. The renewal should be filed between the ninth and tenth anniversaries of the registration, and a six-month grace period is also provided.

For subsequent filings after the initial Section 8 affidavit, the renewal and use affidavit deadlines align (10th year, 20th year, 30th year, etc.), and a Combined Section 8/9 Filing is submitted.

Missing the filing deadlines can lead to the cancellation of your registration. To illustrate, consider an example where your trademark registration was issued on November 1, 2022:

Earliest date to file the first Section 8: November 1, 2027

Due date for the first Section 8: November 1, 2028

Last date to file the first Section 8 with additional fee: May 1, 2028

Earliest date to file the first Combined Section 8/9: November 1, 2031

Due date for the first Combined Section 8/9: November 1, 2032

Last date to file the first Combined Section 8/9 with additional fee: May 1, 2032

If you miss the regular deadline, there is still a six-month grace period available, albeit with an additional fee. However, if you fail to meet the grace period deadline, your trademark registration will be canceled.

If someone is infringing your trademark, there are steps you can take to enforce your rights. The first step is to send a cease and desist letter to the infringing party, demanding that they stop using your trademark. If you need assistance in drafting a cease and desist letter, you can choose to have the trademark law firm Washington Law & Associates, PLLC send one on your behalf by going here.

If the infringer does not comply with your cease and desist letter and continues to infringe on your trademark, you have the option to file a lawsuit against them for trademark infringement. If your trademark is federally registered, you can sue the infringer in federal court or initiate a proceeding before the TTAB. In a trademark infringement lawsuit, the court may grant injunctive relief, which would legally prevent the infringing party from using your trademark. Depending on the specific circumstances of your case, you may also seek monetary damages, such as the infringer’s profits or your lost profits.

If your trademark unintentionally became abandoned within the last two months, there may be a possibility to revive it. If you meet the criteria for revival, please go here. However, if it has been longer than two months, you will have to reapply for your trademark, assuming no one else has applied for substantially the same mark and goods/services in the meantime. To reapply, click here.

No, we are not the United States Patent and Trademark Office (Trademark Office). We are a private company whose goal is to provide relevant information to help you understand your legal rights and the benefits of having a federally protected trademark.

Yes, Brandme is the trade name used by Washington Law & Associates, PLLC (the “Firm”) based in New York, New York to identify its provision of intellectual property services. The Firm will handle the prosecution of your application and maintenance of your registration when you make payment through our website. Please note that using the website does not establish an attorney-client relationship with the Firm. The attorney-client relationship will only be formed once you agree to the Attorney Engagement Letter and pay at the checkout screen.

Whether you should trademark your logo depends on its importance in growing and distinguishing your business. If you plan on franchising your business or competing on a national or global scale (e.g., conducting interstate commerce or operating websites), trademarking becomes a crucial consideration. If you value your logo design and believe it will remain with your business for years, it is recommended to pursue trademark registration. Even small and local businesses like Starbucks® trademarked their logo early on, recognizing the significance of branding for success.

The TM (™) symbol indicates that your logo design is undergoing the trademarking process. It should be used while your application is being processed, as this process can take some time. It offers temporary protection. On the other hand, the R (®) symbol signifies that your logo has been federally registered (note that ® cannot be used for state trademarks). Once your application is approved and your logo becomes a registered trademark, you can place the ® symbol on your logo.

Yes, you can trademark a logo that you have designed yourself.

One potential drawback of not federally trademarking your logo is that another company could apply for the same or a similar logo and potentially oppose your use of the logo if it has not been federally trademarked, sue you for damages, and obtain a court order that forces you to stop using your mark. Registering your logo provides legal protection and establishes your exclusive rights to the logo, helping to prevent others from using it in a way that could create confusion in the marketplace.

A trademark opposition is a legal process that allows any individual or company to challenge the registration of a trademark application that has a “commercial interest” in the mark. It provides an opportunity for third parties to oppose the registration of a trademark that the United States Patent and Trademark Office (Trademark Office) would have otherwise granted.

Yes, there are important time limits related to trademark oppositions. If you disapprove of a mark that has been “Published for Opposition,” you have a 30-day period to file an opposition. Brandme’s Opposition page provides information on marks currently within this 30-day opposition period.

Yes, you can file a trademark opposition even if you do not have a registered trademark. Any third party, whether they hold a registered trademark or not, has the right to oppose the registration of a trademark if it has a commercial interest in the mark.

It means having ownership or control of the mark, or a license to use the mark, or a right to receive profits based on the use of the mark.

Trademark law is complex, and any errors or misleading statements could significantly impact the success of your opposition or defense. It is strongly recommended to consult with an attorney who specializes in trademark law to guide you through the opposition process and protect your interests.

If you fail to file a trademark opposition within the designated time period, the applicant will likely succeed in obtaining their trademark registration.

The cost of a trademark opposition can vary depending on the specific circumstances of the case and the legal issues involved. Generally, it can take up to 18 months from start to finish, but many cases are resolved through settlement between the parties within a few months.

Once a Notice of Opposition is filed or received and received by the Trademark Trial and Appeal Board (TTAB), the applicant has 40 days to file a response. If no response is filed within that period, the TTAB may issue a default judgment and cancel the trademark application. If a response is filed, the process becomes similar to litigation, involving a settlement conference, discovery, and a trial.

All correspondence received from the Trademark Office will be managed by experienced trademark attorneys at Washington Law & Associates, PLLC. They will ensure that your interests are protected and handle the necessary communication with the Trademark Office.

Yes, after payment is made, all applications for the registration and subsequent maintenance of a trademark in the United States are managed by licensed U.S. trademark attorneys at Washington Law & Associates, PLLC.

After filing a trademark application, a trademark examining attorney is assigned to your case. The attorney will examine your application, and you may receive correspondence known as an “Office Action” from the Trademark Office. You will have a specified period of time, typically six months, to respond to any questions or requests for clarification in the Office Action. Once the examiner is satisfied with the application, it may be published for opposition. If no opposition is filed, a registration certificate may then be issued for your trademark.

Yes, when you place a request for legal services, the Firm strictly maintains the confidentiality of any information you provide and will never share that information with anyone other than the Trademark Office. However, information shared with the Trademark Office will become publicly available in most instances.

The trademark data displayed on our website is public information and is published by the Trademark Office for all trademark filers. In many countries, the Trademark Office makes records available and open to the public and they are searched by users for the purpose of determining ownership for property rights with respect to trademarks. Since our website is synchronized with this data, we recommend making any data changes with the Trademark Office directly. Our website is updated regularly to reflect the Trademark Office data. However, if you would like for Brandme to remove your information listed on the website, you may contact us at support@Brandme.com

NOTE: You acknowledge and agree that information displayed on this website if for informational purposes only. Such information does not convey legal opinions and your use of the information does not form an attorney-client relationship with Brandme or Washington Law & Associates, PLLC. Your use of the information on this website is at your own risk.

To best protect your interests, money charged through www.brandme.com is deposited into an IOLTA trust account until fees are earned per the terms and conditions of a particular service that you elect. Generally, Washington Law & Associates, PLLC earns fees after legal work has started. All applications for the registration of a trademark in the United States are managed by licensed U.S. trademark attorneys at Washington Law & Associates, PLLC.

No. Your financial information is transmitted to the third party credit card processor when you enter it at the checkout screen but is never retained by Brandme.