Trademarks
Trademark Law
A trademark is a word, phrase, symbol, design, or a combination thereof that identifies and distinguishes the source of goods or services of one party from those of others. Trademarks play a vital role in consumer protection by preventing confusion in the marketplace and ensuring that consumers can identify the source of a product or service.
Benefits of Trademark Registration:
- Legal Protection: Registration provides public notice of ownership and exclusive rights to use the mark on or in connection with the goods/services listed in the registration.
- Brand Recognition: A registered trademark enhances brand value and recognition, building trust and loyalty among consumers.
- Deterrence: Public registration can deter others from using similar marks, reducing the likelihood of infringement.
Trademark Registration Process:
- Search: Conduct a comprehensive search to ensure the desired trademark isn’t already in use or registered. This helps avoid potential legal conflicts.
- Application: File an application with the USPTO, providing details about the mark, its intended use, and the associated goods or services.
- Examination: A USPTO examining attorney reviews the application to ensure it meets all legal requirements and that the mark isn’t confusingly similar to existing registered trademarks.
- Publication: If the application passes examination, the mark is published in the USPTO’s Official Gazette, allowing the public to oppose the registration if they believe it would cause harm.
- Registration: If there are no oppositions or if oppositions are resolved in favor of the applicant, the USPTO registers the trademark, granting exclusive rights to use the mark in connection with the specified goods or services.
It’s crucial to maintain and enforce trademark rights. This includes monitoring the market for potential infringements and renewing the registration periodically to keep the trademark active.
For more comprehensive information, visit the USPTO’s pages on trademark basics and the trademark process.
Contact Info
- 2009 Lubbock St Houston, Texas 77077
- Office: 832.446.3337
- dscott@darrylscottlaw.com
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Our Trademark Process
You Decide To Become An Entrepreneur
You start a business to sell a product or provide a service. You create a brand name or logo to market your product or service.
You Want To Protect Your Brand
Contact our firm to determine how to register your brand name and logo as a trademark.
We Determine If Your Brand Is Registerable
Our firm prepares a viability report to evaluate whether your brand might infringe on any registered or unregistered trademarks. At this stage, we identify any necessary adjustments that may be required.
Trademark Application Is Filed
Our firm files the trademark application with the government after you approve the report and any changes. You continue to build your brand by selling your products or providing wonderful service.
Government Responses
At this stage, the government may publish the trademark application, contact our firm for adjustments, or reject the application for legal reasons. Our firm will make the necessary response so that the trademark application proceeds to registration.
Trademark Registers
We receive a registration certificate indicating that your trademark is registered with the government. You may keep your trademark registration forever if you renew it every 3 to 5 years.
Trademark Tip
The USPTO filing fees are reduced if you sell a product or provide a service that is listed under these predetermined classifications. Check here to see if yours is listed!
