What is a Trademark

Strengthen Your Intellectual Property

The process can be complex and lengthy. You are likely focused on developing your company and are probably working full-time in that capacity. Taking on this task yourself can limit your ability to focus on your business.Prevent future issuesReceive proactive legal risk management that will help you avoid problems before they arise by tapping into senior attorneys with considerable business experience.

What is a service mark?

A trademark is essentially a brand name. It’s a word, phrase, symbol, and/or design that distinguishes the source of goods of one party from another. A service mark is any word, name, symbol, device, or any combination, used (or intended to be used) in commerce to identify and distinguish the services of one provider from the services provided by others, and to indicate the source of the services.

 

When should I get one?

It depends on a myriad of factors, but a lot of businesses will trademark and incorporate simultaneously. It’s advisable to trademark at least your name and logo in order to prevent others from ripping off your company and be provided a legal recourse if this ever happens.

 

Is my trademark protected?

Although common law trademark rights exist, it takes a lot more time and effort to prove your rights. Also, common law rights only extend to the geographic area your business is in, rather than being protected throughout the entire country if you register it with the USPTO.

When does the USPTO deny applications?

Applications are routinely rejected based on the “likelihood of confusion” standard. According to the USPTO, “likelihood of confusion exists between trademarks when the marks are so similar and the goods and/or services for which they are used are so related that consumers would mistakenly believe they come from the same source. Each application is decided on its own facts, and no strict mechanical test exists for determining the likelihood of confusion.” As you can see, there is no bright-line rule to follow. That’s why utilizing a top trademark lawyer experienced with the USPTO makes sense.

 

How long does it take?

The total time for an application to be processed may be anywhere from almost a year to several years, depending on the basis for filing, and the legal issues which can take place during the examination of the application.