Business Law

Trademarks

Trademarks

Protecting what you have worked hard to build is very important.  Don’t wait until its too late to file a trademark.  The Trademark process takes some time so start early. Duepner Law offers the complete package from initial search, application and any subsequent filings with the USPTO.

What is a trademark? A trademark is generally a word, symbol, phrase or design, or a combination thereof, that identifies and distinguishes the source of the goods of one party from those of others. Examples include brand names, logos, and phrases that have secondary meaning. Trademarks do not include literary works and or inventions. A service mark is nearly the same as a trademark, with the exception that it identifies and distinguishes the source of a service rather than a product.

What We offer. We offer a full range of trademark services to individuals, small and established businesses. We are able to represent all 50 states. Our services include:

  • Trademark Searches
  • Trademark Application Preparation
  • Office Action Responses to trademark applications
  • Statement of Use Filings
  • Attorney Consultation
  • Trademark Renewal Filings
  • Infringement cases/Defense and Plaintiff
  • Trademark Litigation

We offer flat-fees for almost all trademark services including trademark search and federal trademark registration. Cost associated with the package is $800.00 plus federal fees per class of goods and services. If you would like the assistance of a US trademark attorney, give me a call at 317-450- 0044, or email info@duepnerlaw.com.

Protecting what you have worked hard to build is very important. Don’t wait until its too late to file a trademark. The Trademark process takes some time so start. The purpose of registering a trademark is to prevent your competition from stealing your business name, logo, or slogan. Your unique name or logo is a very important to brand your company and make it successful. It is just as important to protect this name or logo so you are not forced at a later time to rebrand. Having a registered trademark can eliminate your competitors from using your name or logo either exactly or in a similar confusing way to profit from what you have built. For this reason, registering your trademark is a must in today’s society.

What is a Trademark Search and is it Necessary?

There are many ways to search trademarks and yes in our opinion it is necessary. It is important to search all avenues and databases to ensure you are not infringing on someone else trademark. Of course finding Identical marks might be easy but that is not often the case. Confusing and similar marks are really what is being targeted. The Search can be conducted in less than a week using social media, google, internet, USPTO database and other techniques. This is beneficial because an analysis can be prepared with either negative or positive feedback. The trademark application can be quite lengthy, lasting more than a year in some cases, and you not want to have you application denied a year later for something a search could have reviled a year ago and have to start over and rebrand.

What is needed to start the Trademark process?

We will need you to describe how you use, or plan on using your trademark. We will need to know the owners of the trademark and how and when it is being used in commerce. We will need a sample of the logo and or name you wish to trademark. We will need a specimen of the mark being used. Specimen selection can be a tricky area. Not having the proper specimen can lead to a rejection of your trademark application. Duepner Law will be able to help you determine what specimen will be acceptable.

What does a Trademark cost?

To register your trademark, Duepner law breaks it down into three types of fees.
1. Search fees and analysis
2. Legal fees for attorney’s time
3. Fees by United State Patent and Trademark Office. A typical trademark you will need to pay $325 per classification. See classification system below. Additional fees may occur depending on application process.

How long does it take to get a Trademark Registered?

Typically it can take about a year. The Trademark search and trademark application with the United States Patent and Trademark Office (USPTO) can be filled out within a week or two and it takes about 3-6 months before a USPTO review attorney will look at your case. If there are no issues then it gets posted in the Gazette for 30 days. Any party who believes it will be damaged by the registration of the mark may file a notice of opposition (or extension of time therefor) with the Trademark Trial and Appeal Board. If no party files an opposition or extension request within thirty (30) days after the publication date, then eleven (11) weeks after the publication date a certificate of registration should be issued. Again without any errors or objects, it could take up to a year. Start the process now with Duepner Law.

What is the trademark classification system?

Products and services are organized by the U.S. Patent & Trademark Office into classes. A trademark is only good for the class for which it is registered for. If you wish to use a trademark to cover more than a single product or service, you must register and pay for each class. For example your company make firearms and you register and are approved under class number 13 and decide you want to expand into making tools, you must register under the appropriate class to make sure you are protected. Below are the list of classifications.