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TRADEMARKS

Your business relies on its brand name, logo, slogan, and designs to stand out amongst competitors. If a competitor begins using the same name, it can reduce the value of your business. On the other hand, if you start a business without a trademark clearance search, you can run into serious issues, especially if a mark is already trademarked. 

 

It is not sufficient to simply Google the desired name, slogan, logo, or design. An attorney needs to run a full trademark clearance search to ensure that you are not infringing on someone else’s trademark. If you are using a name/design that someone is using, he or she can sue you. Lawsuits could cost $20,000. You would also have to start all over with a new domain, new products, new logos, etc. 


Step 1: Comprehensive Trademark Search

We will conduct a comprehensive federal, state and common law trademark search with information you provide in via our intake form.  We analyze potential risks associated with the mark or marks that you seek to use.

We then summarize and explain our findings in a short Opinion Letter. This summary makes it easy for you to understand our findings.

The USPTO (U.S. Patent and Trademark Office) trademark application is short but it can also be complicated. If an application is not completed properly, it can result in your application receiving an office action (where a trademark examining attorney initially refuses your application).

 

Do it the right way, the first time, with an attorney.

 

Moreover, having an attorney properly respond to an office action can result in your application being approved and saving money from having to re-apply.

THE PROCESS

COMPREHENSIVE CLEARANCE SEARCH:

  • Avoid Infringement

  • Avoid rebranding costs

  • Enhancing brand value

TRADEMARK REGISTRATION PACKAGE:

  • ​Comprehensive trademark search

  • Trademark search results memorandum

  • The filing fee for one class of goods/services

  • Assistance with gathering the required documentation

  • Preparing and filing the trademark application

  • Serving as the Attorney of Record for your application to ensure smooth processing (approx. 12-18 months)

TRADEMARK MONITORING PACKAGE:

  • Customized Alerting: Personalized alerts based on your specific trademark portfolio, preferences, and criteria for potential infringement.

  • Expert Guidance: Access to a trademark attorney who can provide legal advice and support in case of potential infringements, helping you take the necessary steps to protect your trademarks.

  • Review and Assessment: Periodic assessments and reports on the status of your trademark portfolio, highlighting any potential issues and recommended actions.

TRADEMARK ENFORCEMENT:

  • Cease and desist letters

  • Settlement negotiations

  • Social media and online platform takedowns 

ADDITIONAL TRADEMARK SERVICES:

  • Renewal and maintenance of trademark registration

  • Statement of use

  • Request for extensions

  • Office action response 

  • Trademark assignments

  • Declaration of use

  • Intent to use applications

  • Petition for cancellation

trademark clearance search guide
  • Why should I register a trademark for my business?
    Registering a trademark secures exclusive rights to your brand name or logo, protecting your business from infringement and misuse, and reinforcing the identity of your business across the US.
  • How does the trademark registration process work with Brand Diplomacy?
    We simplify the trademark registration process by guiding you from the initial choice of a mark through the application with the Trademark Electronic Application System. Our services ensure that the registration is straightforward and tailored to your business needs.
  • What types of trademarks can I register with Attorney Melissa?
    Brand Diplomacy assists in registering various types of trademarks, including standard character marks and special form trademarks, ensuring your unique business identifiers are protected.
  • Can you help with international trademark registration?
    Yes, our services extend beyond the U.S. We help businesses protect their trademarks internationally, ensuring your brand is secured in global markets.
  • How do I maintain my trademark registration?
    To maintain your trademark registration, it is necessary to file periodic renewals with the United States Patent and Trademark Office (USPTO). Our team can help you manage these renewals and ensure that your trademark remains in good standing by tracking deadlines and filing the necessary maintenance documents.
  • Do you offer support for trademark disputes or litigation?
    Yes! We offer services to handle trademark disputes or litigation, including opposition proceedings, cancellation actions, and infringement cases. Our experienced team can develop a strategic defense or enforcement plan tailored to protect your trademark rights.
  • What documentation do I need to provide for registering a trademark?
    You'll need to provide details such as the name and address of the trademark owner, a clear drawing of the mark, and a description of the goods or services the mark will be used for. Additionally, you must submit a specimen showing the mark in use. Our team can guide you through the collection of these documents and ensure that your application is complete and compliant.
  • What is trademark monitoring?
    Trademark monitoring involves continuously watching trademark databases to detect any new filings that might be similar to yours and could potentially infringe on your rights. This proactive approach helps protect your brand from misuse.
  • Why is trademark monitoring essential?
    Monitoring your trademark ensures that your brand's identity remains protected. It allows you to detect potential infringements early and respond promptly, maintaining the integrity of your brand.
  • How does Brand Diplomacy simplify trademark monitoring?
    Our team utilizes a sophisticated search engine to automatically scan trademark filings, alerting you to any matches that may pose a threat to your brand. This makes the monitoring process efficient and user-friendly.
  • What should I do if I find a potential trademark infringement?
    If our monitoring service alerts you to a potential infringement, we will guide you on the appropriate steps to address the issue, which may include legal actions or negotiations.
  • How often is trademark monitoring conducted?
    Our trademark monitoring service operates continuously, providing real-time alerts whenever a potentially infringing trademark is filed.
  • Do you offer international trademark monitoring?
    Yes! Brand Diplomacy offers global trademark monitoring, ensuring that your brand is protected not just in your home country but worldwide.
  • What is trademark enforcement?
    Trademark enforcement involves taking legal steps to protect your trademark from unauthorized use. This includes monitoring, identifying, and addressing trademark infringements.
  • Why is it important to enforce my trademark?
    Enforcing your trademark prevents dilution of your brand, maintains its value, and ensures that consumers are not misled by counterfeit or infringing products.
  • How does Brand Diplomacy assist with trademark enforcement?
    Brand Diplomacy provides comprehensive support including monitoring for infringements, sending cease and desist letters, negotiating settlements, and, if necessary, pursuing litigation.
  • What steps should I take if I suspect trademark infringement?
    Contact Brand Diplomacy as soon as possible. Our experts will evaluate the situation, advise you on the potential impact, and recommend appropriate enforcement actions.
  • How long does the trademark enforcement process take?
    The duration can vary widely depending on the complexity of the case and the jurisdiction involved. We work to resolve issues as efficiently as possible.
  • Do I need to get a trademark for my business?
    Maybe. The United States Patent and Trademark Office has certain requirements for trademark registration. However, regardless of whether you apply for trademark registration, you need to conduct a search to make sure you're allowed to use your name, slogan, design, or logo.
  • What is the trademark process?
    The trademark process involves two main steps: Conducting a trademark clearance search; and Filing trademark application. Learn more
  • What is a trademark?
    A trademark is a brand identifier. It can be a name, design, slogan, logo, phrase, sound, or even smell.
  • What are the benefits of having a trademark?
    Investing to properly run a trademark clearance search and registering your mark, can help you avoid having to spend $20,000 on an infringement trial to determine whether you can use the mark. National ownership rights can also make expanding the business simpler. Learn more.
  • Trademark vs Lawsuit Costs
    Don’t wait until your small business is a big business to do it the right way. Make sure an attorney runs a trademark clearance search or you could spend thousands of dollars to start over again on a new website, merchandise, social media branding, logo, products, and more!
  • Who should run a clearance search before promoting their business?
    Everyone. Having an attorney run a trademark clearance search will help reduce the risk of being sued for using the mark in question. Case in point, Clubhouse, a company valued at $4 billion, has no registered trademark and is being sued for trademark infringement. Click here to read more.
  • What are the timelines?
  • How can I reach Attorney Melissa?
    The best way to reach Attorney Melissa is to email her at melissa@mdgrlaw.com or schedule a call. You can schedule a call at https://www.mdgrlaw.com/book-online or by calling (754) 800-4481. Attorney Melissa has office hours every week for scheduled-calls only.
  • What is a trademark search?
    A trademark search helps you find out if your proposed mark or a similar mark is already in use. This search can include various databases, focusing on registered and pending trademarks, to ensure that a new mark does not infringe on existing ones.
  • What does a trademark search cover?
    At Brand Diplomacy, we perform comprehensive trademark searches that cover registered and pending trademarks across multiple databases. Our searches are tailored to identify potential conflicts and ensure that your mark is unique and registrable.
  • How can I get started with a trademark search?
    We offer several trademark search options to suit different needs. Our comprehensive trademark search offers a detailed analysis and legal review, which is ideal for those preparing to register a trademark. Alternatively, you can use our free trademark search tool for a quick preliminary check.
  • What should I do if my trademark is similar to an existing one?
    If your search reveals a similar or existing trademark, our team can advise on potential strategies, such as modifying the mark, contesting the existing mark, or evaluating the risk of proceeding with registration.
  • Can your firm assist with international trademark searches?
    Yes, we provide international trademark search services. We can help you navigate the complexities of international trademark law to protect your mark globally.
  • How long does a typical trademark search take?
    The duration of a trademark search varies depending on the complexity of the search and the breadth of databases reviewed. Typically, we aim to complete searches within a few business days.
  • What is included in your trademark search report?
    Our trademark search reports include a detailed analysis on the availability of your mark, potential conflicts, and recommendations on how to proceed. The report aims to provide you with a clear path forward for your trademark registration.

Trademark Articles

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