Fargo Office

Murrieta Office

Intellectual Property

Trademark Filings

A Trademark is a name, symbol, or device which identifies the source of the product or service. Registering your trademark provides some distinct benefits in protecting your brand.

Our expert attorneys can explain the benefits of a trademark and assist with initial trademark filings or with the process of prosecuting a trademark application if a trademark has been rejected by the USPTO. 

Trademark Office Actions:

Our attorneys at Fargo Patent & Business Law can help assist with rejections, objections,and other correspondence from the USPTO. USPTO actions may be simple or more complex like 2(d) likelihood of confusion rejections. 

Trademark Application:

We help businesses file trademark applications and entrepreneurs understand the benefits of a trademark.  As a service, we can help from the initial steps of filing a trademark or can take over the process of prosecuting a trademark application if a trademark is rejected by the USPTO. 

TRADEMARK FAQS

COMMON QUESTIONS FROM INTELLECTUAL PROPERTY OWNERS

 

Where is a Trademark protected?

Trademarks protect a brand in all 50 states when filed in the United States.  A trademark attorney can help navigate the complexities of a trademark application. 

Why should I get a Trademark?

Growth: If you plan to grow your brand beyond the state in which you start your business, a Trademark can help protect your ability to use the brand in geographies across the United States. 

Competitive Industry: If your business is in a competitive industry in which there are many similar brands, it is not uncommon where one brand is so similar to another such that there may be allegations of infringement.  

Risk of Infringement Disputes: Even if you don’t register a trademark, you still may have common law trademark rights.  This doesn’t mean someone else in another state is aware of your business and won’t register a trademark for the same name.

When should I get a Trademark?

A trademark may be filed either before it is used in commerce or after. A trademark can be filed at any time, but it is generally advisable to file sooner rather than later. 

How do I get a Trademark?

Trademark law firms typically start the trademark process with a trademark search.  A trademark search generally comprises looking at filed trademarks with the USPTO and basic internet searching of the potential mark.  After that, the trademark lawyer would assemble the documentation and then submit it to the USPTO.  

How long does it take to get a Trademark?

To obtain a trademark certificate can take 12 to 18 months.