Non-US Citizens Now Required To Be Represented By a US Trademark Attorney For Federal Trademark Registration

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,
• Logos,
• Symbols,
• Images,
• 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, most official trademark registration service with the USPTO usually takes 8 to 10 months, given 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;
• Your mark will be reviewed by a trademark examining attorney at the USPTO;
• We respond to a modification request if one is issued;
• The publication period takes place, 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 registered 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.