Allison Harvey
- Oct 24, 2018
- 3 min
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The Trademark Attorney
Our professional and innovative lawyers bring a vast amount of experience and knowledge to each case. We understand that the world is constantly changing and you may be confronted by a confusing array of regulations, questions, and occasional disputes. Check out our areas of expertise, and call us with your trademark questions today.
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We are a new kind of law firm for a changing world. We are consistent, patient, and professional, giving each new case the attention it deserves. An integral part of our services is to work closely with our clients so that they can make the right decisions with respect to their legal needs. Select an option below to get started.
Common Questions
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What is a trademark?
A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others.
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What is a service mark?
A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. Some examples include: brand names, slogans, and logos. The term "trademark" is often used in a general sense to refer to both trademarks and service marks.
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Do I have to register my mark?
Registration of a mark is not required, but it is highly recommended if you want to protect your brand and your use of the mark. While you can establish a common law right to the mark based solely on your use of the mark in commerce, registration has many benefits. One is the legal presumption of your ownership nationwide. Another benefit is the notice to the public of your claim to the mark. Furthermore, the registration will give you the exclusive right to use the mark on or in connection with the goods and services set forth in the registration.
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Why should I use a trademark attorney instead of a service?
When you use an attorney to search and register your trademark, you will receive a detailed search of the mark with analysis about whether there is a likelihood of confusion between your mark and another mark that is already registered. Unlike with a service, this analysis will help you determine if you want to proceed or if you need to change your mark. During the registration submission portion, an attorney who has education and experience in trademarks will assist you in determining the correct classification of the mark so that your mark has less of a chance of being to be rejected for registration by the U.S. Patent and Trademark Office (USPTO).
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I've already registered my business with the Secretary of State's office and purchased my domain, so don't I already own the mark?
No. Registration is the only way you have legal protection for use of the mark. Registering your business with the Secretary of State's office doesn't provide any protection. Having the domain also doesn't provide you with legal protection. Registration with the USPTO is the only way you have the protected legal right to the mark.
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Isn't using an attorney way more expensive?
No. When you use a service instead of an attorney it can end up being much more expensive. If you don't properly identify the right class or description, or your mark is identified as similar to the mark, goods, or services of another, you will have to work through a lengthy and expensive process, probably with an attorney, to correct that problem. When you use a service, they do not help you identify these problems prior to submitting your registration.
Our firm offers flat fee fixed pricing. That means you know what your fees will be up front. There is no question about how much you will pay for the search and registration. Using our firm will provide you with the knowledge you will need to determine if you should submit the mark or whether you should change it. You will be provided with an anlysis of whether you should anticipate any issues. All of which provides you with peace of mind - something we think is priceless.
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How do I get started?
Just set up a free initial consultation with our firm by clicking on this link.
Common Questions
Allison Harvey
Founding Attorney
Our
Expertise
Our innovative lawyers bring a myriad of experience and knowledge to each case. We understand that the world is constantly changing and you may be confronted by a confusing array of regulations, questions, and occasional disputes. Check out our areas of expertise and call us with your legal questions today.
Christina LaPointe
Associate Attorney
Trademark/Service Mark Search and Registration
Let the trademark attorney be the solution for your trademark search and registration needs. By combining a fundamental understanding of the big picture with the complexity of daily interactions and experiences, our lawyers provide proactive solutions to a diversity of clients. With flat rate project rates for the initial search and application you will know exactly what to expect.
Correspondence with the USPTO Office
We can help you wade through questions or additional submissions necessary with the United States Patent and Trademark Office if you receive an inquiry, even if we didn't submit the initial application for you. Contact our office today.
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