Maybe you’ve thought up a really cool band name or are starting a business and want to clear the name first.
Most people don’t know that, in the United States, if you use a name in connection with the sale of a good or service, you have certain common law rights to that name without filing a trademark, provided that someone hasn’t used it already!
You can register your logo, think the Nike “swoosh”, the word “Nike” itself or both!
While you aren’t required to hire an attorney to file a trademark with the United States Patent and Trademark Office (USPTO), you should, because the requirements and forms are confusing.
A study conducted by the University of North Carolina School of Law found that only 57% of people who filed a trademark without using an attorney received government approval on their application. That being said, 83% of the people who used an attorney got approval.
Oliva Law Group, P.C. can help you file a Trademark in the U.S., Canada or Europe!
Although the USPTO’s Trademark Electronic Search System (TESS) is available to search for trademark applications and registrations, the system is not a comprehensive list of potentially conflicting marks. A trademark attorney can conduct a comprehensive search of federal registrations, state registrations, and “common law” unregistered trademarks before you file your application. This type of search is important because other trademark owners may have rights in a name similar to yours that are not federally registered, and therefore would not show up in TESS.
Oliva Law Group, P.C. will file your trademark application, which will require that you provide information concerning your business or yourself and the mark you want to register.
You have to use the logo or words in connection with the sale of a good or service OR have the intent to use the mark within a certain time period.
Sometimes, prior to registration, the examining attorney will reply to a trademark application to clarify points of your application. Oliva Law Group, P.C. will reply to the examining attorney at no extra fee or charge.
Provided the above is complete, you will receive a trademark certificate confirming your trademark registration and approval.
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