What is a federal trademark?
What is the difference between a trademark, copyright and patent?
Why should I register for a Federal Trademark rather than a State Trademark?
How long does it take to Register my Trademark?
In total it can take approximately 9-15 months from when your application is filed for your mark to Register.
What if I know someone is using a similar name to me?
If you know of someone who is using a similar name to yours the legal team will be sure to take this into consideration when conducting your comprehensive trademark clearance search and provide you with clarity on the risk level to that in your opinion letter.
Do I have to have a comprehensive clearance search for my mark?
YES! Completing the comprehensive trademark clearance search helps to identify any legal barriers to your company's use or registration of its trademark before the company begins to actually use the trademark or apply to have it registered with the U.S. Patent and Trademark Office (USPTO).
I have already checked the U. S. Patent and Trademark Office’s online trademark database.
Why do I still need to have a trademark clearance search done?
Searching the U.S. Patent and Trademark Office search engine retrieves only records for registered and pending federal trademarks. It does not retrieve records of relevant state registrations or unregistered trademarks including company names, brand names, and domains, nor does it always provide you with a clear pathway to protection as the search engine only populates exact matches.
How can a trademark clearance search help me avoid legal risk and save me time and money?
I’m not currently selling my goods or providing services to consumers, can I still file for my
Who reviews my application once it is filed with the U.S. Patent and Trademark Office?
A trademark examining attorney will review your application approximately 4-5 months after it has been filed (I know, crazy!) and will determine whether (a) we need to make changes and adjustments to the application, these are typically very minor procedural issues, (b) respond to a substantive office action refusal which is the examining attorney asking us to provide clarity and more information on your application or (c) nothing! They approve the application and it will proceed on the pathway to registration!
I want to trademark my brand name, logo and slogan, do they belong on one application?
No, a brand name, logo and slogan are all separate and distinct trademarks which belong on their own application for review with the trademark office.
What if I am using my trademark with certain goods and services but not all?
That is no problem! You can actually file a federal trademark application with both an in-use and future use section.
What if I want to add goods and/or services to my application once it has been filed?
How long does The Creator’s Law Firm (CLF) represent me?
The Creator’s Law Firm will represent you from when you retain us to when your mark has been registered with the USPTO.
Do I need to Register my Trademark?
Not to use it. However, federal registration has several advantages, including notice to the public of the registrant's claim of ownership of the trademark, a legal presumption of ownership nationwide, and the exclusive right to use the trademark on or in connection with those goods or services set forth in the registration. Federal registration also allows the owner of a trademark to sue for infringement in federal court and to stop the importation of infringing material. (HUGE!!)
What is the difference between ™ and Ⓡ?
The ™ symbol is specifically for those individuals who do not have a federal trademark yet but are indicating to the general public that the words, logo or slogan are an identifier for goods and or services and would like to begin the trademark process. While the Ⓡ is specifically for those who have a obtained a federal trademark from the USPTO.
What other legal services does The Creator's Law Firm provide?
The Creator’s Law Firm provides an array of legal services to assist you in developing and protecting your legacy and brand. These services include:
Business Entity Formation
Business advice, restructuring and strategy sessions
World-wide Trademark Filings
Office Action representation
Online Infringement Removal
Cease and Desist representation
E-Commerce & Digital Commerce Protection
And monthly subscription and general counsel services aimed to represent and support your business to the fullest potential.
Still have questions? Need help with a non-trademark legal matter?