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Frequently Asked Questions

What is a trademark?
A trademark (or “mark”) is any word, phrase, symbol, or design that identifies and distinguishes your goods from those others. The term “service mark” is also sometimes used in the context of trademark rights but it means the same thing except that it identifies or distinguishes services instead of goods.
How is a trademark different from a copyright?
A trademark is a word, phrase, symbol, or design that identifies and distinguishes your goods from those others. A copyright is used to protect original works of authorship such as books, paintings, songs, and even computer software.
Copyright registrations are handled by the US Copyright Office, you can learn more about copyright registration here.
Do I need to file a registration with the USPTO to have trademark rights?
No. Trademark rights in the US are established as soon as you start using the mark in commerce to identify your goods or services. The rights you have simply by virtue of using the mark are called “common law” trademark rights because they are not based on registration but on use in commerce. Common law rights are usually limited to the geographic area where you operate. Common law rights also protect your trademark from trademark infringement by similar marks used for similar goods/services that started in use after your use of the mark.
How long does it take to register a trademark?
It depends. In an application based on “use” of the mark in commerce, assuming there are no initial refusals or other obstacles, you can expect a registration in 7 – 12 months. An application based on “intent to use” is similar in length of time to a “use” application. It will also require a showing of the mark in use before the application can proceed. From the point that you can show the mark in use, you can expect a registration in 2 months.
What’s the difference between “use” and “intent to use” trademark filings?
As the name implies, a filing based on “use” means that you are currently using the mark on your goods or services in commerce. “Intent to use” means that you have a “bona fide intent” to use the mark in commerce at a later date. The USPTO allows you to file a trademark application based on intent to use as long as you genuinely intend to start using the mark. The USPTO cannot grant a registration until you submit proof of use, but will grant you up to 5 extensions of 6 months each to give you time to start using the mark in commerce. If you cannot show use of the mark within that time, the application will be deemed abandoned.

Frequently Asked Questions

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Our Trademark Services

Selection

Selecting a strong trademark is the corner stone of building a valuable brand. Strong trademarks forge a connection between the company and consumers and

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Search and Clearance

Once a trademark is selected, conducting due diligence is essential to identify potential risks to trademark use. To mitigate these risks, we conduct availability searches using

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Filing

Before filing a trademark application with the U.S. Patent and Trademark Office (PTO), we work closely with the mark owner to develop a strategy regarding the form of the mark

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Office Action Response

Office Actions are initial administrative refusals by the U.S. Patent and Trademark Office (PTO). We counsel clients who have received Office Actions after filing applications on their own,

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Renewals & Registration Maintenance

After a mark is registered, we continue to closely monitor all additional renewal and maintenance deadlines to ensure that trademark rights are

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Enforcement & Monitoring

Enforcement and monitoring efforts are critical brand-protection steps after a mark is registered. While they do necessarily involve time and effort, they are part of the cost of

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TTAB Proceedings

Trademark Trial and Appeal Board (TTAB) proceedings are similar to civil litigation proceedings, and include discovery, expert testimony, and pretrial disclosures.

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