A trademark or service mark includes any name, word, device or symbol, or any combination of them, used to distinguish and identify your goods and services from those of another seller or provider. Examples include logos, brand names and the catch phrases used in marketing.
You can claim trademark or service mark protection without registering your mark with the U.S. Patent and Trademark Office (USPTO). However, particularly for your core marks, federal registration can be important because it (a) puts the public on notice of your ownership of the mark, (b) raises a legal presumption that you own the mark nationwide, and (c) gives you the exclusive right to use the mark on or in connection with the goods and services listed in your registration. These rights give you the ability to better protect your brand in the marketplace, and better assures your ability to commercialize your mark. Advantages can also be gained by registering your mark internationally, particularly if you manufacture outside of the United States, thereby broadening the range of your protection.
DOMESTIC REGISTRATION SERVICES
We are experienced in every aspect of trademark registration and maintenance in the United States, and can assist you at each step of the process. Our domestic services include:
- preparation and filing of your application with the USPTO
- responding to any Office Actions issued by the USPTO examining attorney
- commencing, prosecuting and resolving cancellation and invalidation proceedings before the Trademark Trial and Appeal Board (TTAB)
- appeals to the TTAB if your trademark application is rejected
- representing you in opposition proceedings before the TTAB challenging registration of your trademark
- obtaining extensions to show use of your Intent to Use mark
- filing Declarations of Continued Use to maintain your registration
- filing a Declaration of Incontestability after five years of continued use of your mark to make your trademark more difficult to challenge
- filing required Renewal documents to avoid cancellation of your trademark
- advising you on steps to take to avoid any claim that your trademark has been abandoned
INTERNATIONAL REGISTRATION SERVICES
In addition to assisting you with the registration of your trademark in the United States, we also have extensive experience with international trademark procurement and registration, and we have a network of outstanding foreign counsel to help you. Either directly, or through foreign counsel, we are able to:
- file for International Registration under the Madrid Protocol, which covers nearly 100 countries worldwide, including significant markets such as China, Japan, South Korea, India, Canada, Mexico, Russia and the European Union
- file for a European Union Trademark, which conveys trademark protection in 28 European Union member states
- file for registration in individual countries
- make all necessary maintenance filings required to keep your registrations active and remind you when you mark will become vulnerable to non-use cancellation applications