What is a trademark?
A trademark is an exclusive right to use a term or a symbol in connection with your goods or what you sell. It is designed to connect that symbol to your company. A trademark ensures your term and symbol remain yours exclusively, so people don’t get confused by seeing someone else's symbol and thinking it is yours. Make sure you have a distinctive trademark to limit competitor confusion.
What does a trademark protect?
A trademark protects brand names and logos used on any services and goods.
What is the typical process when filing for a trademark?
- Perform a trademark search
- File a trademark application with the United State Patent and Trademark Office (USPTO)
- Examination of the trademark application
- Respond to any objections/rejections from the USPTO examiner (Repeat process until USPTO is satisfied. Every response is an extra fee.)
- Trademark is issued
How much should I budget for a trademark?
A typical trademark will cost around two thousand dollars($2,000). Depending on how many objections or rejections are made, we always recommend having an extra $1,000 budgeted.
What is the difference between a state trademark and a national trademark?
A state trademark protects a mark registered in that state only, whereas a national trademark protects the mark nationwide. A national trademark is needed to proceed with an international trademark through the WIPO World Intellectual Property Organization.
What is trademark infringement?
Trademark infringement deals with the unauthorized use of a trademark or service mark in connection with services and goods likely to confuse the consumer.
What to do if my trademark is being infringed on?
If you find out your trademark is being infringed on, you may file a lawsuit in either or federal court, depending on where your trademark was filed. It is best to do this as soon as you have evidence. A top trademark attorney can help you through this process to ensure the competitor is properly sent a cease and desist and stop the infringement.
How do I maintain my trademark, and what are the costs associated?
After your trademark has been issued, you will need to ensure that you provide the correct forms at the 5-year renewal mark to verify keeping the trademark.
Does working with the best trademark attorney increase my approval rate?
Working with the best trademark attorney increases your approval rate tremendously. It also ensures that the appropriate language was used, limiting the rejections/objections received from the trademark examiner.
Reach out to us today to help file your trademark application and ensure it gets approved timely.
When should I file my trademark application?
The right time to file a trademark will differ for everyone and the company. We recommend filing a trademark once you have additional capital and would like to better protect your brand name or goods.
Additionally, depending on your company's industry, it may be worth filing a trademark before you market your brand name, services, and goods, so you are protected before any of your competitors catch wind of the new company on the block