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TRADEMARKS
Trademarks are words, names, symbols, devices or any combination of these items that are used in trade to distinguish one source of goods or services from other sources of goods or services. Trademarks prevent the public from being confused as to the sources of goods or services. We look forward to representing you in the Trademark Process.
Services include:
Trademark Applications (State & Federal)
Trademark Prosecution
Renewal of Trademark Registrations
Foreign Trademark filings, including ECT
Trademark Watch Services
Trade Secret Consultation
The Trademark Process:
- Creating or Selecting a Trademark: Selection of a trademark is the most important step. Descriptive trademarks and misdescriptive trademarks should be avoided.
- Trademark Search: The search involves researching whether the desired mark is available for use and registration or whether someone else has already acquired ownership rights in the mark.
- Trademark Application: A Federal trademark application is filed with the U.S Patent and Trademark Office, and a State trademark application is filed with a State Government. Federal trademark applications undergo a prosecution or examination that lasts about 18 months. State trademark applications generally do not undergo a prosecution or examination.
- Notice of Publication: For a Federal Application, if no conflicting registrations are found and the trademark qualifies for registration, a letter is sent to the Applicant regarding the date the mark is going to be published in the Official Gazette for Trademarks. For a State application, if no conflicting registrations are found and the trademark qualifies for registration, the mark is registered without publication.
- Publication in Official Gazette for Trademarks: For a Federal application the mark is published for opposition in the Official Gazette for Trademarks. If no opposition is filed within one month, and the application is otherwise in order, the trademark is registered.
- Trademark Registration: Either the U.S. Patent and Trademark Office or the State Government issues a Trademark Registration and the Registration Certificate is mailed to the Applicant’s attorney on the Issue Date.
- Watch Service: This service protects the rights of the trademark owner by notifying the attorney of any similar trademark that is published for opposition in time for an opposition to be filed against registration of the similar mark. Domestic and international watch services are available.
- Maintenance: State registrations must be renewed, generally every five to ten years. Federal registrations are renewed every ten years. However a Section 8 Affidavit must be filed for a Federal registration between the fifth and sixth year after issuance in order to maintain the registration. The Section 8 Affidavit is simply a statement that the mark is still in use. Normally a combined Section 8 and Section 15 Affidavit is filed instead of just a Section 8 Affidavit. The Section 15 portion of the affidavit states that the mark has been used continuously for five years. Filing a Section 15 Affidavit makes the registration incontestable.
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