Trademark Law
Trademark Attorney
Thinking you can handle the trademark process on your own? Think again. Studies show that trademark applications filed by attorneys have a significantly higher approval rate than those filed independently. Why? Attorneys conduct a comprehensive search on your desired name prior to filing, identifying any existing trademarks or conflicts that could lead to rejection. This proactive approach minimizes the risk of costly delays or rejections and protects your brand from potential infringement issues.
At MarkSetGo Law, we’re committed to protecting your brand’s unique identity. Unlike online services that offer limited guidance, our trademark attorneys manage every step of the process—from initial trademark searches to responding to office actions from the USPTO. We provide comprehensive, transparent support with no hidden fees, ensuring a reliable path to trademark registration.
What Can You Trademark?
A trademark protects unique identifiers that distinguish your brand, products, or services from others in the market. Here’s a quick look at what you can trademark:
Brand Names: Distinctive business, product, or service names that set you apart in the marketplace. Examples include company names, product lines, and individual products.
Logos and Symbols: Unique designs or symbols associated with your brand. Think of iconic logos like the Nike swoosh or Apple’s logo.
Slogans and Taglines: Memorable phrases that represent your brand’s voice and values, like “Just Do It” or “I’m Lovin’ It.”
Product and Service Names: Individual names for products or services that are unique to your brand.
Sounds: Distinct sounds directly tied to your brand, such as the NBC chimes or the MGM lion’s roar, can be trademarked if they’re recognizable to your audience.
Colors: In some cases, specific colors that represent your brand (like Tiffany’s blue or UPS brown) can be trademarked.
Product Shapes and Packaging: Unique shapes and packaging designs, often called trade dress, like the shape of a Coca-Cola bottle or the Hershey’s Kiss wrapper, are also eligible for trademark protection.
By trademarking these aspects of your brand, you gain exclusive rights to use them and prevent others from exploiting your hard-earned reputation. Trademarks are critical for building brand trust and recognition.
How Long Does It Take?
*** As of October 27, 2024, the USPTO is processing applications filed between March 28, 2024 – April 11, 2024 ***
The federal trademark process can take between 7-10 months. However, this timeline can vary based on the type of application filed, potential delays, such as office actions or oppositions from third parties. At MarkSetGo Law, we streamline the process to help you avoid common obstacles. Here’s a breakdown of the process timeline:
Step One: Comprehensive Search (10 Business Days)
We begin by conducting an in-depth trademark search of federal, state, and business directories to ensure your desired mark is available. You’ll receive a detailed search report and a Legal Opinion Letter within 10 business days. If the results are unfavorable, we’ll offer recommendations or a refund, minus a $300 research fee.
Step Two: Filing Your Trademark (5 Business Days)
Once the search confirms availability, we’ll file your application with the USPTO. If you are filing under 1(a) (use-based), you must already be using the mark in commerce. For 1(b) (intent-to-use), you plan to use the mark in the future but haven’t yet. This distinction is important, as 1(b) filings will require additional steps later on, such as filing a Statement of Use once the mark is in use.
Step Three: Trademark Examination (7 Months)
After submission, an Examining Attorney will review your application for any legal issues. You may receive an Office Action if there are concerns (e.g., likelihood of confusion, descriptiveness), and we will respond within the given timeframe.
Step Four: Publication for Opposition (8-9 Months)
Once approved, your trademark is published in the Official Gazette for 30 days, allowing others to oppose. Opposition is rare, but if it happens, we assist you in navigating the process.
Step Five: Registration (1(a) Applications) (9-10 Months)
If your application is not opposed, your trademark will be officially registered within 10-12 weeks.
**Step Six: Notice of Allowance/Statement of Use (9-15 Months for 1(b) Applications)
If no opposition is filed and your mark clears all legal requirements, a Notice of Allowance is issued for 1(b) applications, and you must file a Statement of Use with proof that the mark is in commerce. 1(a) applications skip this step since use is already established.
**Step Six: Registration (15-24 Months)
Once all requirements are met and a Statement of Use is filed for 1(b) applications, your trademark will be officially registered within 10-12 weeks.
When Should You Start the Trademark Process?
Starting the trademark process early can make a significant difference in protecting your brand and establishing your presence in the marketplace. Here’s when it makes sense to begin:
When You’re Naming Your Business or Product: As soon as you select a name for your business, product, or service, it’s wise to check its availability and start the trademark process. This helps prevent potential conflicts and costly rebranding later.
Before Launching a New Product or Service: If you’re preparing to introduce something new, consider trademarking the name, logo, or slogan in advance. This ensures you have exclusive rights and prevents others from using similar marks.
When Expanding into New Markets: If your business is growing nationally or internationally, a trademark can secure your rights across regions. This is particularly important if you’re moving into a new market where your brand might not yet be known.
When You’re Establishing a Unique Brand Identity: As you invest in your brand’s design elements—like logos, colors, or taglines—it’s a good time to trademark these identifiers. This way, you protect the unique aspects of your brand from being replicated.
When Preparing for Online Sales or E-commerce: If you’re building a digital presence, a trademark helps protect your brand from potential infringement online, including domain names and social media handles.
What is the difference between a trademark, copyright, and patent?
Trademarks protect brand identifiers like names, logos, and slogans. Copyright protects creative works like music, literature, and artwork. Patents protect inventions or unique processes.
What are the benefits of registering a trademark?
A registered trademark gives you exclusive rights to use the mark nationwide, prevents others from using similar marks, and provides legal advantages in case of infringement.
Can I trademark my business idea?
No, trademarks only protect names, logos, and symbols, not ideas. However, you might consider protecting your idea through confidentiality agreements or patents if it involves an invention.
What is the difference between a trademark, copyright, and patent?
Trademarks protect brand identifiers like names, logos, and slogans. Copyright protects creative works like music, literature, and artwork. Patents protect inventions or unique processes.
Can I trademark a hashtag?
Yes, if the hashtag is distinctive and associated with your brand or product in a way that consumers recognize.
What is the difference between a trademark, copyright, and patent?
Trademarks protect brand identifiers like names, logos, and slogans. Copyright protects creative works like music, literature, and artwork. Patents protect inventions or unique processes.
How do I maintain my trademark?
To maintain a trademark, you must use it in commerce regularly and file maintenance documents with the USPTO, including proof of use and renewal applications.
What is a common-law trademark?
A common-law trademark is one established through actual use in commerce without federal registration, providing limited rights in the geographic area of use.