Frequently Asked Questions
Should you hire a trademark attorney?
The short answer is YES!!!
Hiring a trademark attorney greatly increases your chances of successful registration of your trademark
The U.S. Trademark Office strongly recommends that you hire a trademark counsel to file your trademark.
According to the United States Trademark Office there are four main reasons to hire a trademark attorney
- An attorney can provide critical legal advice concerning your trademark application
- An attorney can conduct a trademark clearance search to determine if your business name is the same or very similar to another business name. A similar business name to another business could constitute possible trademark infringement.
- An attorney can assist you in enforcing and maintaining your trademark rights
- An attorney can represent you if you decide to file an appeal if your application receives a refusal(office action)
What is a trademark and why should I want one?
A trademark Is a word, phrase, symbol or design that identifies and distinguishes the source of goods of one party from those of others. Examples of trademarks include the Coca-Cola, McDonald’s and Nike logos. Or a company name like Starbucks or Delta Airlines.
- A trademark is a valuable business asset and can appreciate over time.
- Is a great marketing tool to distinguish your company from another company.
- Protects your business from copycats
- Allows your brand to expand as a trademark provides nationwide protection.
How long does a trademark last?
A registered trademark can potentially last forever, as long as the trademark is in use by your business. Once the trademark is registered, there are certain maintenance filing requirements that must be met to ensure your mark maintains its registration.
How long is the registration process?
The registration process can last anywhere from 8-12 months, sometimes longer depending on if there are backlogs at the USPTO and if there are no issues with the application.
Can I use the ® symbol prior to registration?
TRADEMARK VS. COPYRIGHT