Step 1 of the Trademark Process: The Initial Search and Trademark Consultation With a Licensed Trademark Attorney
We discuss the various options, risks, and benefits that are presented with registering your trademark based on the information provided by the client. We perform a knock out trademark search to determine if you have any chances at registering the trademark. We then discuss the legal concept of likelihood of confusion and how similar marks can block the trademark application under the trademark laws. We then discuss common trademark law rights and how they can affect your trademark application. We screen the mark for absolute grounds for rejection such as genericness, descriptiveness, surnames, deceptiveness, and others. We evaluate your proof of use of the mark and determine whether the application should be filed as intent to use trademark application.
The consultation is a result of interpretation of the trademark statute and case law and analysis of the facts of your proposed trademark relative to the current trademark laws. This legal consultation regarding the trademark application is something only an experienced and licensed trademark attorney can perform. With over 20 years experience in trademark law, we provide an efficient consult in a short period of time.
We endeavor to provide you with a full and clear picture of what you can expect in the trademark process. We want you to be aware of the trademark registration process, so you know what to expect. We educate you as to (1) how the trademark statute works, (2) what rights you have, (3) what rights you can obtain through trademark application process, (4) the legal risks of your trademark application being challenged. Based on the consultation, together, with advice and analysis from the trademark attorney, we come up with a plan for registering your trademark.
Step 2 of the Trademark Process: Trademark Application Is Filed – Application Filing Receipt
- Once the trademark Application is filed, you will receive a letter and filing receipt from our office confirming the trademark application was filed. The letter and filing receipt will identify your trademark by name, application number and filing date.
- You can expect to wait 10 months before you hear anything further from the trademark office. During this period, the trademark application will undergo examination by an Examining Attorney at the Trademark Office. This is the longest wait in the trademark process.
- As the attorney of record, we will receive all official correspondence from the Trademark Office regarding your application. We will then report this information to you.
- TRADEMARK OFFICE SCAMS – BEWARE! You will receive trademark scam solicitations by mail and email. DO NOT RESPOND TO ANY SOLICITATIONS YOU RECEIVE FROM OTHERS. EVERYTHING RELATED TO YOUR TRADEMARK APPLICATION WILL COME FROM OUR OFFICE.