Affordable Trademark Lawyers
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At UpCounsel, we want to help you500vip彩票安卓下载官网 protect you500vip彩票安卓下载官网r brand with a trademark at one low cost.
A trademark is a symbol, word, or words that have been legally registered or established by use as representing a company or product within the United States. Registering a trademark is an important step in forging an identity for you500vip彩票安卓下载官网r business. Not only does it improve brand recognizance, but it prevents other companies from using you500vip彩票安卓下载官网r logo in a deceptive way.
By having an attorney register a trademark for you500vip彩票安卓下载官网 with the United States Patent and Trademark Office (USPTO), you500vip彩票安卓下载官网 will establish you500vip彩票安卓下载官网r rights as the legal owner of the mark, which will protect it from being used by others in an unauthorized manner.
To get started registering a trademark, you500vip彩票安卓下载官网 can easily post a job and compare free custom proposals from several trademark attorneys who can best help save you500vip彩票安卓下载官网 time and money registering a trademark.
Why Hire a Trademark Lawyer
Why Hire a Trademark Registration Lawyer
There are many reasons to trademark you500vip彩票安卓下载官网r logo or brand name.
- Customer Recognizance
- One of the most important reasons to trademark you500vip彩票安卓下载官网r brand name is so customers can find you500vip彩票安卓下载官网. No matter what industry you500vip彩票安卓下载官网're in, the market's crowded. This makes it more difficult for customers to find you500vip彩票安卓下载官网 online or in retail locations. With a trademark, you500vip彩票安卓下载官网r business, services, and products stand out. This builds a relationship, reputation, and influences a customer's final decision.
- Social Media
- If you500vip彩票安卓下载官网r business isn't connected to social media, you500vip彩票安卓下载官网 should start immediately. Many consumers use social media to find information about you500vip彩票安卓下载官网r business instead of traditional search engines. With a trademark, they can find you500vip彩票安卓下载官网. This gives you500vip彩票安卓下载官网 more traffic, higher search rankings, and more brand recognizance.
- Providing Value
- Trademarks aren't always valuable at first. However, they add value to you500vip彩票安卓下载官网r business over time. This doesn't always translate to a monetary value, but a recognizable trademark is worth so much more. It leads to expansion possibilities and may encourage a larger corporation to buy you500vip彩票安卓下载官网 out. You should also treat a trademark as an asset that can be sold, bought, or licensed.
- Low-Cost Asset
- Compared to other business costs, a trademark is a bargain. It costs as little as $275 to register you500vip彩票安卓下载官网r trademark with the United States Patent and Trademark Office (USPTO). The trademark is also renewable at little cost after five years and 10 years.
- No Expiration
- As long as you500vip彩票安卓下载官网 continue to use the trademark at you500vip彩票安卓下载官网r business, there is no end date. This allows you500vip彩票安卓下载官网 to build the brand indefinitely.
- Better Hires
- As a reputable and recognized company, it's easier to find, attract, and keep employees. When candidates have strong feelings about the brand, they want to work for you500vip彩票安卓下载官网r company. Many times, you500vip彩票安卓下载官网 can keep them based on brand alone.
- A trademark isn't always a word or words. It's also an emblem or logo. If you500vip彩票安卓下载官网 have a trademarked logo, it allows you500vip彩票安卓下载官网 to communicate in other markets that don't speak the same language. Nike's famous swoosh logo gives it the ability to branch out without coming up with a new concept.
With so many benefits, overlooking a trademark is disastrous. However, you500vip彩票安卓下载官网 need a lawyer to take care of the paperwork. The right trademark registration attorney provides these services:
- Just because you500vip彩票安卓下载官网 have a logo that's original doesn't mean it is trademarked. A good trademark lawyer knows how to research to see if you500vip彩票安卓下载官网 indeed have a logo that's appropriate for a trademark. Once the research is complete, they consult you500vip彩票安卓下载官网 on whether you500vip彩票安卓下载官网 should trademark and if the filing will be successful.
- Legal Counsel
- The USPTO website is a good start for trademark research. However, it's by no means comprehensive. If you500vip彩票安卓下载官网 have questions or concerns outside what the website teaches, it's best to consult a top trademark attorney. They have the knowledge and experience to answer you500vip彩票安卓下载官网r questions easily and professionally.
- Trademark Enforcement
- If you500vip彩票安卓下载官网 already have a trademark, it's up to you500vip彩票安卓下载官网 to enforce it. There's no legal body that checks for trademark infringement. If you500vip彩票安卓下载官网 believe that a rival company is using you500vip彩票安卓下载官网r trademark fraudulently, a trademark lawyer can give you500vip彩票安卓下载官网 advice on what action to take.
- Accusation of Trademark Infringement
- If another company accuses you500vip彩票安卓下载官网 of trademark infringement, it's an uphill legal battle. That's when you500vip彩票安卓下载官网 need an attorney that's familiar with the topic. Most often, you500vip彩票安卓下载官网 will receive a cease and desist letter. A trademark lawyer can analyze the letter and give you500vip彩票安卓下载官网 the best steps to take afterward.
How to Find the Best Lawyer
How to Find the Best Trademark Registration Lawyer
Registering you500vip彩票安卓下载官网r trademark as soon as possible is important. With the help of an attorney, you500vip彩票安卓下载官网 increase you500vip彩票安卓下载官网r chances of a successful filing by up to 50 percent. However, you500vip彩票安卓下载官网 need to find the best trademark registration lawyer available. When you500vip彩票安卓下载官网're conducting you500vip彩票安卓下载官网r search, make sure the attorney has what you500vip彩票安卓下载官网're looking for.
- Look for Experience
- This is probably the most integral asset of a trademark lawyer. Experience in registering trademarks, working with the USPTO, enforcing trademarks, defending against infringement, and evaluating trademark searches is something that an attorney must have. Industry experience is a nice addition, although it's not absolutely necessary.
- Do Your Research
- Just because an attorney has experience in trademark law doesn't automatically make them the ideal candidate. If you500vip彩票安卓下载官网 want evidence of their involvement in trademarks, always run the name through the Trademark Trial and Appeal Board. Located on the USPTO website, this search allows you500vip彩票安卓下载官网 to search for a particular lawyer. Only then are you500vip彩票安卓下载官网 100 percent sure of their experience in the industry.
- Find Out Which 500vip彩票安卓下载官网 You Need
- Trademark law involves more than just filing, registration, and disputes. There are several other topics that require an attorney's advice. This includes:
- Application Preparation
- Trademark Clearance Searches
- Counterfeit and Online Infringement
- Cancellation and Opposition Proceedings
- Trademark Renewal
- Portfolio Management
- Change of Ownership
- Trademark law involves more than just filing, registration, and disputes. There are several other topics that require an attorney's advice. This includes:
You should also note that the USPTO doesn't offer a list or recommend trademark registration lawyers. If someone claims to have the recommendation of the USPTO, it's a red flag that they aren't being truthful. Instead, search on UpCounsel for lawyers that deal with trademark filings.
Questions to Ask a Lawyer
Questions to Ask a Trademark Registration Attorney
- Will you500vip彩票安卓下载官网 be handling my case?
- If you500vip彩票安卓下载官网 opt for a sole practitioner, chances are that the lawyer you500vip彩票安卓下载官网 talk to will handle every aspect of you500vip彩票安卓下载官网r trademark registration service. Larger firms don't always practice this. Many times they hand it off to junior attorneys or paralegals with little experience. That's why you500vip彩票安卓下载官网 need to ask. It's often the difference between correct filings or headaches in the future.
- How will you500vip彩票安卓下载官网 protect my trademark?
- Filing a trademark is the first step towards establishing a brand name. However, if the trademark isn't protected, it can lose its appeal and power. You may need to keep the attorney around following you500vip彩票安卓下载官网r trademark and asking how they intend to protect you500vip彩票安卓下载官网r trademark is vital. Making regular filings to prevent the USPTO from considering you500vip彩票安卓下载官网r trademark abandoned is one of the most crucial aspects of finding and retaining a lawyer. Make certain to check what their follow-up measures are.
- How will you500vip彩票安卓下载官网 monitor trademark infringement?
- After filing a trademark on you500vip彩票安卓下载官网r behalf, a top lawyer remains vigilant to make sure there are no infringement issues. The lawyer should constantly check to see if there are any new filings to the USPTO that are similar to you500vip彩票安卓下载官网r own. Without consistent monitoring, you500vip彩票安卓下载官网r trademark could lose value.
- How can I make a strong trademark?
- The best trademark lawyers will know what makes a strong or weak trademark. If you500vip彩票安卓下载官网're not completely satisfied with you500vip彩票安卓下载官网r own work, you500vip彩票安卓下载官网 can call upon their experience to help you500vip彩票安卓下载官网. As a general rule, the more concrete and specific you500vip彩票安卓下载官网r trademark, the more powerful it is. Generic logos or descriptions may not even be eligible for a trademark. That's when you500vip彩票安卓下载官网r attorney's experience pays dividends.
- Which trademark class should I choose?
- When registering a trademark, you500vip彩票安卓下载官网 must pick a class of goods or services. Picking the wrong one can leave you500vip彩票安卓下载官网r trademark vulnerable to competitors or render it useless. However, you500vip彩票安卓下载官网r business may fall into more than one category, making it even more confusing. An attorney knows which class is most beneficial and whether you500vip彩票安卓下载官网 should register for more than one.
- Which trademark specimen should I use?
- Along with choosing a class, you500vip彩票安卓下载官网 must pick a trademark specimen when you500vip彩票安卓下载官网 register. This indicates how you500vip彩票安卓下载官网 use you500vip彩票安卓下载官网r trademark when conducting business. This is slightly different from the logo itself. Rather than a drawing, it shows you500vip彩票安卓下载官网r trademark how it's used in packaging or a label. A solid trademark lawyer knows the best specimen for you500vip彩票安卓下载官网r trademark.
- How can I keep my trademark?
- Once you500vip彩票安卓下载官网 file for a trademark, you500vip彩票安卓下载官网r work isn't done, and neither is you500vip彩票安卓下载官网r attorney's job. A top trademark lawyer can easily explain how to keep you500vip彩票安卓下载官网r trademark and do the necessary filings. Maintenance documents are required between year five and year six of you500vip彩票安卓下载官网r registration, between the ninth and tenth years, and every 10 years afterward. The best trademark attorneys can help you500vip彩票安卓下载官网 file the paperwork on time and before the deadline, so you500vip彩票安卓下载官网 never fret about losing you500vip彩票安卓下载官网r trademark due to negligence.
- What are you500vip彩票安卓下载官网r fees and what do they include?
- For a basic trademark application and filing, most trademark attorneys impose a flat fee. However, it's important to ask as some may have hourly rates. These same hourly rates may also apply for trademark monitoring or other trademark services. Finding out what the flat fee covers and what falls under the hourly rate allows you500vip彩票安卓下载官网 to follow a strict budget.
- Do you500vip彩票安卓下载官网 offer a free consultation?
- Anything that's free is well worth the effort. Asking if they offer a free consultation allows you500vip彩票安卓下载官网 to ask questions of an expert without committing to anything. For the person that wants to do everything on their own, a free consultation is a definite advantage.
- How do you500vip彩票安卓下载官网 keep up with trends and changes in trademark law?
- Because laws and trends change over time, it's important to have a lawyer that stays abreast of current situations. By asking how they keep up-to-date on the latest trademark news, you500vip彩票安卓下载官网 can see if they have a proactive or reactive approach to their job. This can result in fresh ideas from lawyers or more convenient ways to handle any situation.
- Do you500vip彩票安卓下载官网 practice any other types of law?
- Finding out what type of law you500vip彩票安卓下载官网r potential attorney practices is integral to a good business relationship. If the lawyer is completely focused on trademark law, it's probably the best option. However, that doesn't mean it's the perfect fit. If they also offer services you500vip彩票安卓下载官网 need outside of trademark laws, it's nice to have a one-stop choice.
- Have you500vip彩票安卓下载官网 ever worked for the USPTO?
- It isn't 100 percent necessary to ask this question, but it's nice to know if you500vip彩票安卓下载官网r attorney ever worked for the USPTO. If they have, it gives them insight into the process, allowing them to jump any hurdles that may get thrown in the way.
- Have you500vip彩票安卓下载官网 ever argued a case in court?
- If you500vip彩票安卓下载官网 fear that you500vip彩票安卓下载官网r trademark may resemble another company's or you500vip彩票安卓下载官网 just want to make sure you500vip彩票安卓下载官网 have a person that will fight for you500vip彩票安卓下载官网, knowing if they've ever argued a case is a great question. It lets you500vip彩票安卓下载官网 know if they'd be a solid choice if the worst should happen.
In order to properly register a trademark with the USPTO, an UpCounsel attorney must:
1. Conduct a trademark search for similar trademarks, goods, or services.
Before you500vip彩票安卓下载官网 file a trademark for you500vip彩票安卓下载官网r company name, logo, or slogan, you500vip彩票安卓下载官网r attorney will run a trademark search to make sure there is no existing trademark with a similar name and in a similar industry as you500vip彩票安卓下载官网rs.
If you500vip彩票安卓下载官网’re not sure what industry you500vip彩票安卓下载官网 would operate in, you500vip彩票安卓下载官网 should do a trademark search for you500vip彩票安卓下载官网r major competitors and see in what industries they have their trademark's registered.
2. Determine the mark format.
There are three types of mark formats:
Standard Format - Used for the basic word, words or numbers of the mark. For example, if you500vip彩票安卓下载官网 have a standard mark format for "ThisNewCorp," you500vip彩票安卓下载官网 will be able to prevent someone from using a stylized "ThisNewCorp" in you500vip彩票安卓下载官网r industry.
Stylized/Design Format - This is the type of format you500vip彩票安卓下载官网 would use for marks that have a specific design element that you500vip彩票安卓下载官网 wish to protect.
Sound Marks - This is the type of format you500vip彩票安卓下载官网 would use for sounds which classify or symbolize the source of a good. One of the most famous examples of this would be the NBC chimes.
3. Determine the goods and services industry for you500vip彩票安卓下载官网r mark.
The goods and services industry class is a class number under which you500vip彩票安卓下载官网 will register you500vip彩票安卓下载官网r trademark which is based on the industry that most closely matches you500vip彩票安卓下载官网r company’s. Every class number that you500vip彩票安卓下载官网 register you500vip彩票安卓下载官网r trademark under is essentially like filing a new trademark. This means that you500vip彩票安卓下载官网 will have to pay for every class number you500vip彩票安卓下载官网 register under.
4. Determine the goods and service description for you500vip彩票安卓下载官网r mark.
This description is intended to describe all of the products or services that you500vip彩票安卓下载官网 wish to be covered by the product. While you500vip彩票安卓下载官网 should be broad with the description, it should not be too broad or else the USPTO will ask you500vip彩票安卓下载官网 to rewrite it (which may be months after you500vip彩票安卓下载官网 filed the trademark).
5. Fill out the online trademark application.
After determining the availability of you500vip彩票安卓下载官网r trademark name, the class number, and description, you500vip彩票安卓下载官网r attorney can begin the process of filing an online application. This in itself is a multi-step process.
Trademark registration costs start at $675 and are based on the following:
(1) The Number of Marks: Only one mark may be filed per trademark application. If you500vip彩票安卓下载官网 have multiple marks, they require separate applications, each with its own filing fee;
(2) Number of Classes: You must pay for each class of goods and/or services in the application.
For example, if the application is for one mark, but the mark is used on goods in two different classes, such as computer software in Class 9 and t-shirts in Class 25, then a filing fee for two classes is required before the application could be approved.
(3) The version of the form being used: See above. There are three possible filing fees for the USPTO. The application filing fee for the TEAS Plus version of the form is be $225 per class of goods and/or services but has the strictest requirements. The next level is the TEAS Reduced Fee filing option that is $275 per class of goods and/or services. The TEAS Regular filing option is $325 per class per class of goods and/or services.
What is the difference between a trademark, copyright, and patent?
A trademark is a word, symbol, logo, or other device that identifies and represents a company. A copyright is a type of protection afforded to many types of original works in literary, musical, and artistic form. A copyright will protect the original owner in the event that anyone else distributes, copies, displays, or performs the work without the owner’s consent. A patent is the protection afforded to the inventor of an invention in exchange for public disclosure of the invention.
Do I really need an attorney for filing a trademark?
Although an attorney is not required to file a trademark, it is highly recommended that you500vip彩票安卓下载官网 obtain legal counsel. There are many time-sensitive deadlines to be met and paperwork to be filed, that it could get a little complicated. Also, an attorney can help you500vip彩票安卓下载官网 do a comprehensive, thorough search for any similar trademarks to prevent you500vip彩票安卓下载官网 from the hassle of discovering one later on down the line. It’s important to keep in mind that filing fees are non-refundable as well, so it would be best to have an attorney help you500vip彩票安卓下载官网 file properly the first time around.
What are some reasons the USPTO might refuse a trademark?
A likelihood of confusion is one of the most common ways a trademark may be refused. The basic idea here is that the proposed trademark is so similar to an already registered trademark that it is probable that consumers will get the two products confused. Several elements must be met to prove that there is a likelihood of confusion including the similarity of the marks, the strength of the original mark, and evidence of any actual confusion, for example.
Some other reasons include: the mark being misdescriptive, the mark being geographically deceptive, or the marking being only ornamental.
What about international trademark registration?
A foreign trademark registration is necessary if you500vip彩票安卓下载官网 plan to sell internationally. Since trademarks are dealt with locally, you500vip彩票安卓下载官网 should file a trademark application in any country you500vip彩票安卓下载官网 believe will be a key market for you500vip彩票安卓下载官网r business.
What happens if someone uses my trademark without my permission?
This would be considered trademark infringement. In the event that you500vip彩票安卓下载官网r newly registered trademark may be infringed upon, our trademark attorneys can help draft and send a cease & desist trademark infringement letter and/or file suit to protect the mark against infringers.