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Trademark Registration
  • What is a Trademark?

    A trademark is a word, phrase, design, color, or even sound or smell that designates the source of goods or services.  Trademark law is meant to prevent consumer confusion between two different sources of goods or services so that consumers can make informed purchasing decisions.  Best practice with trademarks is to choose a strong trademark and then do a trademark search and file a trademark application to protect your rights.  To continue reading click: What is a Trademark

  • Types of Trademarks

    There are many different types of trademarks. Trade names, service marks, collective marks, and trade dress all fall under the umbrella of the term “trademark.” Trademarks are protected under the Lanham Act. Trademarks are further categorized by their strength. Fanciful, arbitrary, and suggestive trademarks are considered the strongest types of trademarks. Descriptive trademarks are considered weak trademarks and generic words cannot be protected at all. To continue reading click: Types of Trademarks

  • Trademark vs Copyright

    Trademarks and copyrights are frequently confused with each other. Trademarks are words, phrases, logos, or designs that designate the source of goods while copyrights protect works of authorship. Copyright protection kicks in as soon as the work is fixed to a tangible medium, while trademark rights begin when the trademark is first used in commerce. To continue reading click: Trademark vs Copyright

  • Common Law Trademark

    Common law trademark rights begin as soon as a trademark is used in commerce. Common law rights typically only extend to the geographic region where the trademark is being used. For additional trademark rights, trademarks should be registered with the United States Patent and Trademark Office.  To continue reading click: Common Law Trademark

  • Trademark Search

    Before using a trademark, you should have a trademark lawyer conduct a professional trademark search to ensure that your desired trademark does not conflict with an existing trademark. Trademark searches can be run on the Trademark Electronic Search System (TESS), but should also be expanded to include unregistered trademarks protected by common law trademark rights.  To continue reading click: Trademark Search

  • Trademark Registration

    Trademark applications can be filed on the United States Patent and Trademark Office (USPTO) site. Once an application is submitted, it will be reviewed by an examining attorney. Applications that are approved by the examining attorney are then published for opposition. After the 30-day opposition period is over, the trademark will be successfully registered.  To continue reading click: Trademark Registration

  • How To Register a Trademark

    Trademarks can be registered with the United States Patent and Trademark Office (USPTO). The application process will require a government fee and includes an opposition period, when other trademark owners can contest the application. Once a trademark is registered, the trademark owner gains a presumption of ownership, and greater breadth of rights under federal trademark law.  To continue reading click: How to Register a Trademark

  • How To Trademark a Name

    Common law trademark protection begins as soon as the trademark is in commercial use. A name can be federally registered with the United States Patent and Trademark Office (USPTO) just like any other trademark. The registration process involves submitting an application with the government filing fee which is typically $225 per class of goods or services. The soonest a trademark registers is typically about 9 months.  To continue reading click: How to Trademark a Name

  • How To Trademark a Logo

    A logo can be trademarked with the United States Patent and Trademark Office (USPTO). The application requires a clear depiction of the logo. The USPTO assigns design codes to the elements of the logo in order to determine if there are similarities between existing logo trademarks.  To continue reading click: How to Trademark a Logo

  • How To Trademark a Phrase

    Trademark phrases can be federally registered as trademarks just like words and logos. It is not a requirement to federally trademark your phrase, but doing so offers you a greater level of legal protection. A trademark search should be conducted beforehand to ensure that the phrase is not already in use.  To continue reading click: How to Trademark a Phrase

Trademark Infringement
  • Trademark Infringement

    It is up to the owner of the trademark to swiftly act on any infringing activity. The usage of your trademark can be monitored through a trademark watch service. The typical first step with infringements is to send a cease and desist letter, which is often effective in halting infringement without having to file a lawsuit.  To continue reading click: Trademark Infringement

  • Trademark Cease and Desist Letter

    A cease and desist letter is your first line of defense should an infringement occur. A cease and desist letter alerts the infringing party about your trademark rights and warns that further unauthorized use will result in legal action. Professionally drafted trademark cease and desist letters are often effective in stopping infringement without having to take legal action.  To continue reading click: Trademark Cease and Desist Letter

  • TTAB

    The Trademark Trial and Appeal Board (TTAB) is an independent body that presides over disputes related to whether a trademark should be allowed to register or maintain registration.   The TTAB oversees trademark oppositions and trademark cancellations. TTAB cases are conducted remotely and, absent a settlement or one party or the other giving up, the cases take place over the course of several months.  To continue reading click: TTAB

  • Published for Opposition

    Once a trademark application is approved by an examining attorney, the trademark will be published for opposition. The opposition period lasts 30 days and gives other trademark owners with demonstrable interest in the matter an opportunity to oppose the registration. Oppositions are overseen by the Trademark Trial and Appeal Board (TTAB).  To continue reading click: Published for Opposition

  • Trademark Opposition

    When a trademark application is approved it opens a 30-day opposition window.  During the opposition period other trademark owners may come forward if they believe the registration would infringe on their trademark rights. Only trademark owners who have a genuine interest in the matter can oppose a registration. Oppositions are conducted by the Trademark Trial and Appeal Board (TTAB). The TTAB will determine whether or not the trademark in question should achieve registration.  To continue reading click: Trademark Opposition

  • Trademark Cancellation

    After a trademark registers, it can still be cancelled if a third-party files a Petition to Cancel.  The most typical ground for a Petition to Cancel is a likelihood of confusion based on prior use.  After a trademark has been registered for 5 years, the chances of prevailing on a Petition to Cancel decrease.  To continue reading click: Trademark Cancellation

  • Notice of Opposition

    A Notice of Opposition is the first step in instituting a trademark opposition.  Trademark owners with demonstrable stakes in the situation can file a Notice of Opposition against a trademark that they believe conflicts with their own trademark. If somebody opposes your trademark, you will be notified immediately. You will have 40 days to respond to a Notice of Opposition. To continue reading click: Notice of Opposition

  • Petition to Cancel Trademark

    A Petition to Cancel is the first step in a Trademark Cancellation.  A Petition to Cancel can be filed at any time with the Trademark Trial and Appeal Board (TTAB). Trademark owners may file for cancellation if they believe the trademark has been abandoned or if they believe they have priority of use, among other grounds.  To continue reading click: Petition to Cancel Trademark

  • Amazon Trademark Infringement

    Amazon is the top ecommerce company in the world, and many businesses take advantage of the site’s growth and visibility to market their products. Amazon has its own procedures in place to help protect its users from trademark infringement, including a brand registry and a Brand Gating Program.  The best first step with any Amazon infringement is to have a trademark attorney deal directly with the infringing party or the complainant if you are accused of infringement.  To continue reading click: Amazon Trademark Infringement

  • Trademark Litigation

    Trademark litigation is often viewed as a last resort option when an amicable agreement cannot be reached. At any point in the process, the parties can settle and the lawsuit can end. After the trial, a judge or jury will issue a decision, which may include an injunction, damages, and in exceptional cases attorney fees may be awarded.  To continue reading click: Trademark Litigation

Trademark Attorneys
  • Best Trademark Attorney

    It is important to find the best trademark attorney possible many years of experience and a track record of success can make all of the difference for your business.  We feel that we are the best trademark attorneys in America.  To continue reading click: Best Trademark Attorney

  • Trademark Attorney Near Me

    Since filing trademarks falls under federal trademark law, trademark attorneys often serve clients nationwide and globally.  As such, the quality of the trademark attorney matters much more than their distance from you.  To continue reading click: Trademark Attorney Near Me

  • California Trademark Attorney

    We assist California businesses with trademark registration, infringement, and litigation matters. If you are outside California and have been sued in California, we can also assist.  To continue reading click: California Trademark Attorney

  • NYC Trademark Attorney

    If you are in New York or have been sued there, we can assist you with protecting your rights. To continue reading click: NYC Trademark Attorney

  • Los Angeles Trademark Attorney

    We assist clients in Los Angeles with registering trademarks and defending their trademark rights including litigation. To continue reading click: Los Angeles Trademark Attorney

  • Miami Trademark Attorney

    We can assist Miami businesses in securing trademark rights and with trademark infringement and litigation issues.  To continue reading click: Miami Trademark Attorney

  • San Diego Trademark Attorney

    We also assist businesses in San Diego with all issues related to trademarks.  To continue reading click: San Diego Trademark Attorney

  • Trademark Cost

    Our professional flat fee to prepare a trademark application, file it, and do basic follow up through registration is $650.  There is also a government filing fee of $225 per class of goods or services which is a separate fee.  Our flat fee for a trademark search is $300.  To continue reading click: Trademark Cost

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