Protect Your Brand with Trademark Registration

FAQs

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Trademark Registration

1. What is a trademark?

A trademark protects specific, unique name, logo, and symbols pertaining to your products or business brand. Trademark protection may apply to business names, symbols, logos, sounds, and even colors that are emblematic of one specific brand. Once registered, a registrant can typically start using the ® symbol after the name, logo or slogan.
2. Why is trademark registration important?

Trademarking is an important step for protecting your brand identity. It will stop competitors from poaching your customers by imitating your brand. It can also offer you some protection if those copycats do something reputation-damaging.
3. Why should I get a trademark?

Federal trademarks provide legal protection for your brand in the entire United States, and helps guard against counterfeiting and fraud. It also gives you the ability to sue your competitors for stealing your ideas.
4. Are you a legal firm?

No, we are not a legal firm, and we do not offer legal advice. However, our professional team of trademark registration experts have helped over 25,000+ business owners register their trademark.

Our trademark experts know the ins and outs of trademark registration, and know exactly how to maximize your chances of getting the trademark registered.
Do I need an attorney to file my trademark application?

No, if you’re a U.S. citizen, you don’t need an attorney to file your trademark application. However, given the high rejection rate, office actions, and limited number of attempts available, it’s highly recommended that you hire professionals to prepare your application.

A trademark expert takes care of your application just like an attorney – only without costing you an arm and a leg.

But, if you are a foreign-domiciled trademark applicant, you must be represented at the USPTO by an attorney who is licensed to practice law in the United States.

Trademark Search

1. What is a trademark search report?

A Trademark Search Report is a comprehensive report that includes results related to a trademark search. It's useful for individuals or companies that want to register a trademark and need to know everything about availability, similar marks, and other information before they submit an application.
2. Why is trademark search important?

Conducting a Trademark Search would allow brand owners to identify whether any other party has registered a similar or identical mark that could prevent them from commercially using it on their products or services.
3. What if someone is already using a similar mark?

You might have to consider another mark if your search shows that the one you wish to use is already in use or substantially similar to one in use. It's frustrating to deal with this, but it's important that you choose another mark in this case.

If you don't search, or you ignore the results of a search that show a mark exists that's the same or too similar to yours, you might face expensive legal consequences.

You may be liable for attorney's fees as well as monetary damages if you go ahead and publish and promote a product with a trademark already in use by a competitor. The competing entity can get a court order to prevent you from using the trademark.
4. Should you conduct a trademark search?

Yes, everyone should conduct a Trademark Search. While a search is an additional expense over and above that associated with preparing and filing an application for registration, it is an expense that often saves the client significantly in the long run.
5. How much does trademark search cost?

The cost of a search can vary greatly. Obviously, a basic self-conducted, “let's see what we can find on the internet” type search costs only your time.

A detailed third-party search may cost from a couple hundred to several thousands of dollars, depending on the geographic scope (e.g., a mark used just in the United States will cost less to search than a mark used in 3-4 countries or a mark that is used worldwide), the nature of the mark, and the associated goods/services.

An international Clearance Search (Trademark Search) will be far more expensive than a preliminary style search.

Trademark Monitoring

1. What is trademark monitoring?

Trademark monitoring is the process of searching websites, social media, and online marketplaces for unauthorized sellers using your existing trademarks like logos, phrases, packaging, and more. It is essential for brands to monitor for trademark infringements so they can be addressed as quickly as possible.
2. Why should I monitor my trademark?

Trademark monitoring is a crucial step when you have a business and have spent the money to register your trademark. In order to enforce your trademark and keep it protected, you need to make sure that no one else is using your trademark.

With our trademark monitoring services, you’ll get a quarterly report detailing any potential infringement and notifications of any action needed on your trademark (includes notifications of when your renewal filings are due).
3. What is included in your trademark monitoring services?

Trademark Monitoring services include searching the web for infringements and alert brands when there is a possible threat to address.

Our automated trademark monitoring software makes the search for infringements far more efficient, as it can scan sites 24/7 and make it easier than ever to address infringements when they arise.
4. How do I contest someone else using or attempting to register a trademark similar to mine?

If our monitoring service alerts you of someone else filing a potentially infringing application, there are several ways to dispute that mark’s registration. Because each situation has unique facts, you should consider contacting an attorney, preferably one specializing in trademark law.
5. When do I need trademark monitoring services?

It may seem like large businesses and enterprises are the only ones who need to worry about trademark infringement, but that is not the case. 4 out 5 of every five small and medium-sized companies in the world suffer from counterfeits and brand abuse on the internet.

No matter what size your company is, your trademark could be at risk of being infringed and used on counterfeit products. It’s getting easier for these products to be sold online every day, with more and more shoppers buying online than ever before, and it’s a growing threat your brand needs to be prepared for.

Office Action Response

1. What is a trademark office action?

The USPTO issues an Office Action when they find a problem with a trademark application. An Office Action gives legal reasons why the USPTO has chosen to refuse trademark registration. However, trademark applicants have an opportunity to respond and challenge the refusal.
2. What are the reasons for getting a trademark office action?

The USPTO issues Office Actions when a trademark application does not comply with the law. Sometimes a minor deviation causes an Office Action; other Office Actions arise because of significant issues with a trademark application.

Common reasons for getting a Trademark Office Action:
Likelihood of confusion
Descriptiveness
Merely ornamental
Specimen Refusal

There are many more reasons that the USPTO issues trademark Office Actions, but this list shows the most common causes.
3. What happens if I fail to respond to a trademark office action?

Generally, you have six months to reply to a trademark Office Action. If you fail to respond, you risk abandoning your application. If you abandon your application, you will have to start the trademark registration process over again. Note that for some Office Actions, you might need to fix an underlying issue with your trademark application. Since that can take time, do not wait until the last minute. Start the response early to improve your chances of success.
4. Do you provide all kinds of trademark office action responses?

No, since we are not a legal firm, we will first assess your case, and guide you on the next steps. We will evaluate the eligibility of your Trademark Office Action, and decide if we can work together or you require an attorney.
5. Why should I choose you if I can just hire an attorney who can file all kinds of trademark office actions?

Not every objection in the Trademark Office Action requires a legal response. Most objections require the applicant to make fairly simple amendments to the application and typically involves things like fixing incorrect information about the applicant.

Our team of trademark registration experts have over 10+ years of experience in drafting winning Office Action Responses that expedite the process of trademark registration.

While a lawyer may charge you a hefty fee, we offer a flat fee for all our services, which is only a fraction of the fee you’ll end up paying a trademark attorney for the exact same service.

Copyright Registration

1. What is copyright?

Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.
2. What does copyright protect?

Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
3. Can I add to/update my registration after registering?

The primary purpose of registration is to establish the completion date of your original work. Once a work is registered, the registration file cannot be modified or altered in any way. (Writers: New drafts are registered separately. Earlier draft registrations should not be deleted as they establish date/time of initial creation.)
4. Does copyright protect names or titles?

Copyright commonly does not protect names, titles, slogans, or short phrases. You will have to look into trademarking. Copyright protects works of original authorship such as text, artwork, photographs, sound recordings, screenplays, music, lyrics, etc.
5. Why choose your agency over a law firm or an attorney?

Our team of copyright registration experts have over 10+ years of experience in filing copyright for clients from different industries. While a lawyer may charge you a hefty fee depending on the number of hours they worked on your case; with us, you won’t be charged by the hour. We offer a flat fee for our services, which is only a fraction of the fee you’ll end up paying a copyright attorney for the exact same service.

Frequently Asked Questions

FAQs

Trademark Registration

1. What is a trademark?

2. Why is trademark registration important?

3. Why should I get a trademark?

4. Are you a legal firm?

Do I need an attorney to file my trademark application?

Trademark Search

1. What is a trademark search report?

2. Why is trademark search important?

3. What if someone is already using a similar mark?

4. Should you conduct a trademark search?

5. How much does trademark search cost?

Trademark Monitoring

1. What is trademark monitoring?

2. Why should I monitor my trademark?

3. What is included in your trademark monitoring services?

4. How do I contest someone else using or attempting to register a trademark similar to mine?

5. When do I need trademark monitoring services?

Office Action Response

1. What is a trademark office action?

2. What are the reasons for getting a trademark office action?

3. What happens if I fail to respond to a trademark office action?

4. Do you provide all kinds of trademark office action responses?

5. Why should I choose you if I can just hire an attorney who can file all kinds of trademark office actions?

Copyright Registration

1. What is copyright?

2. What does copyright protect?

3. Can I add to/update my registration after registering?

4. Does copyright protect names or titles?

5. Why choose your agency over a law firm or an attorney?

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