Trademarks
A trademark, or brand name, is a symbol used to identify the owner or "source" of a particular product. It can be a name, short phrase, logo, graphic design, jingle, package, product configuration, or even a scent, sound, or color. A service mark serves the same function, but is used with services instead of products.
Trademark Searches
Patent and Trademark Office Search - covers the records of the U.S. Patent and Trademark Office (PTO), to determine the availability of a mark for federal registration.
Comprehensive Search - includes PTO records, state registrations, pertinent trade directories, proprietary trade name databases, domain name registrations and other sources, to determine nationwide availability of a mark.
Federal Registration
An application for U.S. registration of a mark may be based on use of the mark in interstate commerce, an intent to use the mark in commerce or, for by a domiciliary of another country based on an application or registration secured in that country.
Federal registration provides many benefits, including a presumption of nationwide exclusive rights in the registered mark. Typically, it takes from nine months to a year to complete the application process or longer for applications based on an intent to use. We electronically file the trademark application to lower the cost of filing.
Worldwide Protection
Through a worldwide network of associates, a national registration can be secured in any country including a "Community" mark covering the participating countries of the European Community.
A single community trademark registration can be secured to protect a mark in the European Union's member countries. We can also use the Madrid protocol as a means to request the extension of protection to designated member countries.
Managing Your Trademark Portfolio
We can provide:
- Maintenance and renewals of domestic and foreign trademark registrations under our post registration service POSTMARK®.
- Watch services to monitor PTO and state trademark records, and other marketplace sources for possible infringements.
- Licensing, assignments, and negotiations.
- Recordation of federal registrations with the U.S. Customs Service to bar infringing imports.
- Infringement litigation.
- Cancellations& oppositions before the Trademark Trial & Appeal Board (TTAB).
Domain Names/Internet
We can obtain and maintain a domain name registration and assist with your domain name and Internet trademark strategy. Also, we can use the ICANN Uniform Domain Name Dispute Resolution Policy (UDRP), and the federal courts to remove an infringing or counterfeit domain name.
Documents to Complete Trademark Filings
- Signed and dated statement, declaration, power of attorney, preferably an appointment of domestic representative if a foreign applicant (no legalization or notarization required). Email or facsimile copy is acceptable. We file electronically without signature to obtain lower filing fee and earlier filing date, and can subsequently file an executed verification by the applicant.
- Drawing: usually prepared here.
- Once specimen of mark as used on the goods or services for each class, if based on use in commerce.
- Email or facsimile of home registration (and signed English translation, if applicable), if based on foreign registration.
Certified copy of priority application is not required.