What is a Trademark?

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A trademark is a word, phrase, symbol, design, either alone or as a combination, that identifies and distinguishes the source of goods or services of one party from those of others.  Trademark rights are acquired either by registering a trademark application with the United States Patent and Trademark Office (USPTO) or by using a trademark in commerce to sell goods and/or services.

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Unlike copyright or patent protection, which can only be protected for certain periods of times, trademark protection can last indefinitely so long as the owner of the trademark continues to use the trademark and maintain the registration with the USPTO.

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Using our easy to follow process, we will handle all of your Trademark Registration Needs from end  to end giving you a solid advantage that your mark will be accepted by the USPTO so that you can rest easy that one of your most valuable company assets is protected.

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Please click HERE to schedule your 30-minute phone consult to learn more and to get started.

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What is a Trademark Search?

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Before an application is made to register a trademark with the USPTO, we highly recommend performing a comprehensive trademark conflict search to assess the risk of your mark conflicting with another mark which could result in costly fines, penalties and legal action, as well as the need to change your company name, logo or slogan. By performing this search in the beginning stages of your business lifecycle, you will be able to steer clear of costly roadblocks before they become issues. Our comprehensive search not only looks at marks in the federal registry, but we also look in state registries, social media and other online presence that may create a conflict.

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In contrast, a basic "knock-out" search simply looks for exact matches or very similar matches of trademarks registered or in the process of being registered in the USPTO trademark registry. It does not look for same or similar marks in other areas such as social media, state trademark registries or internet companies. 

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Here's The Details:

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HOW MUCH DOES IT COST?

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Our prices are competitive and affordable. All prices are fixed price. Please set up a consult or send us your information using the "get started today" button above so that we can discuss your needs and optimal pricing that works for you.

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WHY SO EXPENSIVE COMPARED TO OTHERS ON THE INTERNET?

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• We provide full and comprehensive service and do better, and have no hidden fees all at a reasonable price. 

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• You get what you pay for. With us you work with a licensed attorney and can actually talk to your attorney. You won't deal with paralegals and we are not hidden behind a website

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• We are consistently called by applicants who need help cleaning up their registration that was botched by one of the online services costing these clients far more in the end than they would have paid if they just contacted us first.​

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WHAT'S INCLUDED?

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• Detailed intake process to minimize the chance of errors

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• Knock Out Search in all plans

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• Comprehensive search report (if purchased)

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• Written analysis of search results (if purchased)

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• Your Trademark Application Filed with the USPTO

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• Time spent talking with your attorney

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• Responding to informal office actions

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• Time-tested process to ensure efficiency and client satisfaction

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WHAT'S NOT INCLUDED?

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Responding to substantive office actions or oppositions from third parties are not included in the initial fixed price fee. Not all applications receive office actions from the USPTO, but many do.

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Also, if your application is a 1(b) "Intent to Use" application, you will be asked to pay an additional USPTO fee ($100 per class as of Jan, 2021) when the Statement of Use certification is filed later in the application process.

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Although more uncommon, other additional fees could be incurred during the application process.

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CAN I GET A COMPREHENSIVE TRADEMARK SEARCH?

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• Absolutely. This is critical and we highly recommend this level of search.

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• Your comprehensive search results are analyzed by a licensed attorney, before we recommend moving forward with a trademark filing.

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• The comprehensive search includes: federal registry, websites, social media, state registries, various databases, and common law trademarks.

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• Your search result will include an opinion letter as to how likely your trademark application will be met with an office action by the USPTO examining attorney.

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WHAT IS A SUBSTANTIVE OFFICE ACTION?

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In some cases, the examining attorney will identify an issue with a trademark application that requires a detailed legal-based argument as a defense to overcome a potential refusal. These are most commonly received when the examining attorney believes that the applicant's mark is similar and thus confusing to another mark already registered, or pending registration, merely describes the goods or services being sold, or is simply ornamental and not operating as a trademark identifying the source of the goods/services. Additionally, there are other reasons the examining attorney may raise questions that require a written response or defense before the examining attorney can move forward with the application. These are sent to the applicant in a substantive office action. These actions are substantive because they require more than a simple one- or two-line response. Instead, they require a comprehensive and persuasive legal argument to overcome the examining attorney's reasons for potentially refusing the mark. 

 

These responses, if needed, are not included in our base price. Pricing for this service is usually quoted at a fixed fee amount that is dependent on the complexity of the office action. In most cases, the price for this service starts at about $800.

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​YOU'RE AN LOUISIANA ATTORNEY. HOW CAN YOU HELP ME IF I AM IN A DIFFERENT STATE?

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Trademark law is covered by Federal Law, which means that an attorney who is properly licensed in any state can represent clients throughout the entire United States. We routinely represent clients from all over the nation efficiently and without issue as everything is handled by telephone calls and email. There is never a need to see your attorney in person, but when the personal touch is needed, we are happy to jump on a video conference.​

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HOW LONG DOES THE PROCESS TAKE?

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In most cases, you will receive your search report within one week of providing the requested information. The trademark application process can take between 8-12 months depending on what additional requests the USPTO examining attorney may make. Keep in mind that as soon as your application is submitted you accrue at least some trademark protection as your mark will now appear in the USPTO database as a pending mark, with protections over any similar later marks that may appear.

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CAN YOU GUARANTEE MY TRADEMARK WILL REGISTER?

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No. Nobody can. However the comprehensive search option will go a long way to better understand what you may be facing in your application and surface any potential conflicts that may exist.

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DO YOU TAKE INFRINGEMENT AND LITIGATION CASES?

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No. Because our focus is on helping trademark and servicemark owners navigate through the confusing waters of the trademark application process, we concentrate on clients with that need. We do not take cases involving trademark infringement or litigation matters.

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READY TO GET STARTED? CLICK HERE AND AN ATTORNEY WILL BE IN CONTACT WITH YOU SHORTLY.