48 Hour Turnaround Time From Consultation to Filing
Our Rates Start At $250 Plus Government Fees
Lesser Rates Available For Search, Filing, or Response to Office Action Alone
Why Do I Even Need To File My Trademark?
Our Trademark Attorney
Jaxon C. Munns has extensive experience in international trademark law, having served clients in 5 countries, conducting hundreds of clearance searches, and filing many trademark applications. Learn more about him or read one of his informational blog posts about business, trademark application, and law by clicking below.
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Artificial intelligence clearance search, looking at potential conflicts of your trademark.
Providing you an opinion letter, outlining the results of the search and availability of your trademark
An attorney will personally draft and file your application with the USPTO.
We help your trademark application along and correspond with the USPTO through registration.
helping you get trademarked
Non-US Citizens Now Required To Be Represented By United States Trademark Attorneys For Federal Trademark Registration
As of August 3, 2021, all non-US trademark filing must be done with the representation of trademark attorneys in the United States.
The reason this law was put into place was primarily to ensure the integrity and accuracy of trademarks in the US.
The role that United States trademarks play in how businesses make brand-related legal decisions is another factor.
The mounting number of foreign-domiciled trademark filings turning out to be non substantive, inaccurate, or fraudulent eventually lead to the need to put this law into place.
“An image is not simply a trademark, a design, a slogan or an easily remembered picture. It is a studiously crafted personality profile of an individual, institution, corporation, product or service.”
Daniel J. Boorstin
Benefits of Trademark Registration
What To Expect With MZJ
Whether you live in or outside of the US, having an experienced trademark attorney will help you navigate the complexities of the trademark registration process.
Even with online trademark application resources, legal guidance and service is going to make the trademark application process much faster and easier.
Trademark service with our law firm will ensure the process goes as quickly and smoothly as possible.
Trademark filing in the United States can take some time, but our trademark services can speed it up.
First, a comprehensive trademark search needs to be done. A trademark search is to ensure that your mark is unique enough to be accepted by the USPTO. This process can take about a week.
The next step is to file. Filing a trademark in the US is a success in itself, but remember that it will take at least 3 months before anyone at the USPTO even looks at your application.
During this time, your mark may be rejected, in which case we would need to make some revisions to enhance its uniqueness, and then refile. However, if your mark is accepted, then it goes up for publication.
During publication, people, parties, and/or businesses can challenge your mark, providing reasons why it shouldn’t be trademarked. Publication usually occurs for about 45 days.
Finally, if your mark has passed the publication process, the USPTO goes through some final inspections and then finalizes the process—meaning your mark is now an officially recognized federal trademark with protection that can be enforced by a trademark attorney.
From beginning to end, the whole process usually takes a minimum of 6 months.
Our trademark attorneys will help you along every step of the trademark registration process, ensuring that all paperwork is filled out and submitted correctly, responding to any requests for modification, and making sure the process is finalized.
Whether it’s legal advice or service for any step along the registration process with our flat fee services, we’ll ensure you get the best trademark service possible.
What can and cannot be trademarked
Can be trademarked:
A unique brand name
A fully customized logo
A unique phrase or slogan
Cannot be trademarked:
Common name for your product/service
A variant of another mark
A merely ornamental design
Frequently Asked Questions About US Trademark Law
The most simple and sure-fire way to avoid plagiarism when it comes to your branding is to get trademark registration with the USPTO (The United States Patent and Trademark Office).
There are many steps required throughout this process and all of them are meant to ensure the integrity of trademarks registered in the US.
Trademark application with the USPTO can be difficult given the amount of brands on the market, but with a trademark attorney helping you through the process—which includes a thorough trademark search—you can create and stick to a brand that is unique to your business.
With flat fee trademark application at our law firm, you’ll be well on your way towards owning your own legitimate trademark.
The purpose of this law is to prevent unfair competition. This is done by applying tests of consumer confusion as well as putting in place rights, power, and solutions to the owners of trademarks from trademark infringement.
Trademark law maintains the integrity of US trademarks by ensuring that each trademark has a level of uniqueness that doesn’t lead to confusion with other trademarks, as well as giving the owners of trademarks the power to enact legal action in cases of trademark infringement, which, if the case arises, can be enforced legally and effectively with the help of a licensed trademark attorney.
This law applies to anything involving “marks”—symbols, slogans, phrases, etc.—that identify the source of a good or service.
A trademark is a form of intellectual property and many things can be trademarked, including:
- Company and product names,
- Domain names that label products or services,
- Phrases or slogans,
- Colors and color schemes,
- Product designs, and
- Product packaging.
This law protects marks registered with the USPTO, as well as some marks that are not officially registered (but the protection level in this case is very low).
There is a spectrum of distinctiveness in trademark law—in other words, not all trademarks get the same level of protection depending on where they fall on that spectrum. Categories include:
- Generic Marks—The common name for the product/service—Zero protection.
- Descriptive Marks—Mere descriptions of the product/service—Some protection is possible.
- Suggestive Marks—A name or phrase that suggests the product/service—Moderate protection.
- Arbitrary Marks—A completely arbitrary name with no intrinsic ties to the product/service (think: Camel Cigarettes)—A higher level of protection.
- Fanciful Marks—A completely made-up name, phrase, or symbol that represents the product/service (think: Xerox Computers)—The highest level of protection.
Generic marks get zero protection while fanciful marks get the highest level of protection—the categories in between get lower-to-higher levels depending on where they fall on the spectrum.
With flat fee trademark application at our law firm, you’ll help you through the trademark registration process step-by-step until the end.
US trademark attorneys can help you with everything involved in the legality of trademarks. Whether it’s performing a comprehensive trademark search, trademark application, or taking action against someone who is infringing on your trademark, trademark attorneys represent you and your brand and help you through each step of the trademark application process.
Contact our trademark attorneys for a free consultation. Whether you’re a US citizen or a non-US citizen seeking a trademark attorney, we can help you get registered with the USPTO.
Even with modern online trademark resources, working with an attorney can save you a lot more time and money. Filling out an online trademark is no different than writing a letter—the same legal hangups, common mistakes, pitfalls apply with online trademark applications. It’s better to have an experienced trademark attorney on your side.
With flat fee trademark application at our law firm, you’ll be well on your way towards owning your own legitimate, federal trademark.
In order to have your trademark registered, you need to go through the entire trademark registration process.
You need to submit a trademark registration to the Unites States Patent and Trademark Office where it will be reviewed by a trademark attorney working for the government. He or she will compare your mark to similar registered trademarks to see if there is any conflict.
If your mark is approved, it will go on a 30 day “publication” period, in which time any third party can file an opposition to your mark. If none arrives, your mark is clear for final registration. This typically marks the end of the trademark application process, and you’ll have the best trademark protection based on where you mark falls on the spectrum of distinctiveness—far more than mere common law would provide.
From start to finish, official trademark registration with the USPTO usually takes 8 to 10 months, considering there are no modification requests.
Trademark attorneys typically go through the following steps:
- A thorough trademark search, ensuring that your mark is unique enough for submission;
- Response to a modification request if one is issued;
- Publication period in which any opposition may need to be disputed;
- Final certificate of registration from the USPTO.
Depending on a variety of issues, most trademark applications with the USPTO can take over a year. However, with a licensed trademark attorney, the process can go much faster.
Yes, anyone can file a trademark application through the USPTO website. There are no special requirements and you don’t even have to own an official business.
However, this isn’t to say that doing so on your own is the wisest move. For one, your trademark may not even need official registration (such as marks for a product that you make and sell locally like beer you brew yourself). By the same token, if you are starting a business and plan to do business on an interstate or even international level, trademark registration is best done with the help of a United States patent trademark attorney.
With flat fee trademark application at our law firm with a licensed attorney, you’ll be well on your way towards owning your own legitimate trademark.
Not all trademarks need to be registered. By default, when you begin doing business, you have legal rights to your mark within the geographic area in which you operate—however, these protections are very limited in scope.
A mark doesn’t need to be registered in order to be valid, and an unregistered trademark can still be protected from infringement and dilution under common law.
That said, there are many instances in which a trademark should get official registration with the USPTO—whether you’re a US citizen or a non-US citizen looking to do business in the US—such as if and and when you do business on an interstate or international level.
Our US trademark attorneys can help you get started on this and see it through until the end. This process is typically complicated with revisions and unforeseen problems occuring—it will go much smoother with a licensed attorney helping you out.
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