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Trademarks : Help with online trademark applications
Trademarks and Service Marks - filing, application, registration, and how to avoid trademark problems.
A trademark and brand consultant with legal and marketing experience can avoid trademark problems from the start, helping you understand:
* (the description never should be boilerplate).
Months and often years later, application errors can easily cause problems:
! Like a driver's license/passport application, your original trademark application must be absolutely true and correct in every way.
me before you apply and avoid many potential problems - best way - or
contact me after you apply
for trademark to try and resolve trademark problems.
The description of goods and services may later be limited, yet never broadened in scope. The initial description in your trademark application is critically important.
Many need someone like Rob with a combination of legal experience with trademarks specifically, and experience in marketing and business.
File on your own, or with an attorney, I help and explain:
No and maybe. You can file a trademark application without an Attorney. However, if you plan to file a trademark application without an Attorney, you should at least get some good advice on trademarks and making the proper trademark application from a trademark consultant and advisor.
See the short version of trademark help, then come back.
I reduce risks in trademark applications:
A qualified Trademark Attorney may have the specialized knowledge of trademark rules, concepts, procedures - which is crucial - yet may or may not understand branding, publicity, marketing. promotion, advertising, and how business works.
That's where I fit in - between you and the trademark office, or between you and your attorney or firm or counsel and the trademark office - as an advisor.
The best Attorney may not know your business or industry or have time to learn it, may not know all that is required for your trademark to succeed - or may have been tied to a parameters for application without budget for research and analysis.
I help avoid large and small trademark problems and mistakes.
I think like a trademark attorney, and like a business person.
I have had experience with trademark cases (my own and others that followed) - yet combine that with business concepts that attorneys are often not completely familiar with - or may overlook - or may not have time to consider.
I reduce risk, and help build stronger brand and trademarks - with you.
Though I never suggest that anyone dismiss legal counsel, I do recommend that clients have me review applications, assess options, report findings, and explain contingencies.
Thinking like a trademark attorney, I help others understand how to think like a trademark examiner or trademark attorney. This improves outcomes, and reduces risks and delays.
Thinking like a business man, and aware of current events, I resolve and uncover issues and aspects that could present risk and future liability, even if your mark is successfully prosecuted to registration - not an easy feat - and receives the ®.
Note: A 'TM' means 'maybe' or might be. The circle ® means you own a registered mark.
reduce the fees (sometimes eliminating them) while going into more depth
than many trademark attorneys have the time to cover - or even mention.
If you have a trademark problem...
...the cost to overcome the trademark problem can put your business at risk, and cost tens of thousands of dollars. The majority of trademark problems I've seen recently stem from the initial trademark application.
You may save in filing an application entirely on your own, yet, later, months or years later, could easily face issues you cannot overcome - or determine how to.
attorney fees typically range from about $500/hour to $1000/hour, with typical
retainers ranging from around $5,000 - $10,000 and more.
Have questions about trademark filing, application, and about registering a trademark or service mark? Avoid a trademark problem. Contact me now.
How to avoid having a trademark problem from the initial application.
The U.S. Patent and Trademark Office now makes it easy to file trademarks and service marks online, however, if you plan on filing a trademark application on your own, I highly recommend that you get in touch with me first.
The online application form provided by the USPTO makes applying for a trademark seem easy, however, it is designed for those who understand trademark law - even though it is available to the public.
The trademark office assumes that you understand trademark law. Whether you are or are not, the USPTO will treat you as if you are a trademark Attorney
if you have already filed a trademark application and the application has
not yet been examined, you may want me to review the application and the
description of goods and services.
mark or service mark application becomes the
foundation for the lengthy and complex process that follows.
In addition, the description of goods and services is critical.
An applied for mark where the words sound the same or could be interpreted to mean the same as a registered mark, along with many other factors, could cause the USPTO to issue a refusal. If your application is refused, this means that you will not be able to proceed to trademark registration unless you can resolve the issues of the Trademark Examiner in the refusal. This could also trigger an opposition that can be very costly, and in many cases, unnecessary.
TM, SM, and the R in the circle ® .
your trademark is registered, you can use the ® symbol, not before.
A trademark application begins the process towards a trademark registration, however, an application is not a registration.
the lengthy trademark registration process.
Note: The factors you need to consider are not made clear in the online form.
The process of obtaining a trademark normally takes over a year, and in
many cases longer.
How I can
help you file a trademark, or help you and your attorney.
Take good care in the writing of the description of goods and services.
Like a driver's license/passport application, your original
trademark application must be absolutely true and correct in every way.
The identification of goods is what you will use to prove another has infringed on your rights (once your mark is registered), and every word in the description must be very specific and definitive, and not subject to interpretation.
your trademark application is an ITU (intent to use), you will ultimately
need to file a specimen and Statement of Use based on the exact use you
described in your identification of goods and services.
can help you determine the filing basis - whether to make your trademark application as a 1A
(Using the mark in commerce on or in connection with the identified goods
and/or services), or 1B (Intent to Use as of the filing date of the
I can also help in many other aspects relating to trademark law and how to properly use your trademark as a 'mark' to avoid other trademark issues and problems.
If you have previously made a trademark application on your own, you may at least want me to take a look and possibly help amend the identification of goods before the trademark examiner reviews the application.
Reasons to have me help with your identification of goods and services:
are saying things that are very rewarding:
"I ran this by a trademark attorney who agreed with your assessments. He said you seem to have a good grasp of these matters ;)"
"Thanks Rob. I agree with your points. I think we make a good team... seeing
"Your Opposition is brilliant. I appreciate the whole thought process, the way you grasped the problem, and how you distilled the allegations to the simple truthful essence. I feel very confident in filing it, and thank you so much."
Other trademark-related pages:
Thank you for visiting, hope this helps.
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