Welcome to My Trademark Counsel
First, let's clarify some things:
Trademark (noun):
A word, phrase, logo, or other graphic symbol used by a manufacturer or seller to distinguish its product or products from those of others.
The main purpose of a trademark is to designate the source of goods or services.
(Black's Law Dictionary)
A trademark is NOT:
A domain name.
A business registration with your state.
A social media handle.
A patent.
Copyright (literary text).
Fully protected until you actively register it.
YOU NEED A REGISTERED TRADEMARK IF:
YOU'VE INVESTED in your brand
YOU HAVE a logo you love
YOU'VE BUILT a great business
YOU'RE STARTING a new business
Protect Your Creativity Well
Trademark Registration Gives You:
The Gold Standard in Legal Protection against unauthorized use or infringment by others
Exclusive Rights to use your mark in your industry and stop competitors from using it
Online Advantage to sell products on Amazon and prevent infringing marks from competing on social media
Freedom from costly disputes with competitors
Global Protection of your Trademark (depending on the scope of your registration)
There's a Race to Trademark Registration. Win it.
Too many hard-working business owners spend years, even decades, building a brand, but neglect to register their trademarks. This can end in losing their brand.
Don't let this happen to you. Legally protect your brand, content, and creativity to save yourself the expense and heartburn of litigation or rebranding.
The Trademark Registration Process
In 5 Simple Steps
STEP 1
Schedule a
Complimentary Call
with one of our
Experienced Attorneys.
STEP 2
We perform a tailored Trademark Clearance Search. If your mark is a good fit for trademark protection, we'll move onto Step 3. If not, we'll help you find another name.
STEP 3
Our Attorneys will prepare and file your Trademark Application with the U.S. Patent and Trademark Office and keep you informed of the progress.
STEP 4
About 10 months later, an Examiner will consider your application. If s/he raises initial rejections, questions or concerns ("Office Actions"), we help you navigate the process and prepare your response.
STEP 5
The U.S. Patent and Trademark Office formally registers your Trademark, giving you exclusive right to use your brand, logo, or tagline.
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Did you know?
80% of Trademark Applicants Use Trademark Lawyers
A 2013 study showed that, over a 25-year period, Trademark Applicants who worked with an experienced Trademark Attorney were 50% more likely to get a successful Trademark Registration.
Applicants outside of the U.S. are required to use a U.S.-licensed Trademark Attorney.
Applications Are Rejected
The U.S. Patent and Trademark Office doesn't guarantee that applications will result in Trademark Registrations. It also does not refund the filing fees for rejected applications.
In fact, the USPTO strongly recommends working with an experienced Trademark Attorney because making an incurable mistake on the application usually results in rejection.
This can mean having to start over and losing your place in line if another application for a similar mark is pending.
Trademarks Take Time
& Expertise
It currently takes between 10 and 12 months to get a Registered Trademark. This can involve a lot of back-and-forth with the Trademark Examiner.
Also, most people don't realize that Trademark law, Copyright law, and other forms of IP law are not on the Bar exam, so most lawyers are unfamiliar with these practice areas.
Working with a lawyer who specializes in these areas increases applicants' chances of success.