Let's Talk Trademarks
It's strong because you built it. It's beautiful because you poured your heart and soul into it. This is your brilliance. Of course, you need to protect it.
That's why you're here.
If you are a founder, an entrepreneur, a creator, or a business owner, then you want to protect your work, your company name, your brand, your TRADEMARK.
It's yours, and it's likely one of the most valuable assets you've got. You're the boss, and you came to slay.
If you've got a brand name or a logo - you need trademark protection. Your trademark tells the world about the services you provide and the products you sell. Whether you have already started using your brand or if it's still an idea you're hustling to get off the ground - now is the time to get serious about preserving your rights.
It's like Beyoncé says, "Power is Not Given to You. You Have to Take it." It's time to take your trademark.
While using your trademark gets you some common law rights in the US, those rights are limited, and going a step further and securing those rights with a federal trademark registration gets you so much more.
Here's some of what you get:
You get exclusive rights to use your trademark throughout the entire country in the class of protection your registration covers.
Your ownership will be listed by the United States Patent & Trademark Office. People who search for names like yours will see your trademark and may be less likely to use it.
Getting a registration creates a legal presumption that you own your trademark, allowing you better options for stopping other people who try to use it.
You also get to use the registered trademark circle ®
You are so official, and your trademark should be, too!
What happens if you don't get your trademark registered?
You don't want to go there. For starters, it leaves the door open for someone else to register your brand. It could cost a lot of your hard-earned money and time to deal with being limited in the use of your own creation or defending yourself if someone steals it, not to mention risking having to rebrand and start all over.
So, how does it work, and what can Brent Bownes Law do for you?
Book your trademark services.
Complete your intake questionnaire.
We conduct a trademark search.
We issue a trademark search opinion letter where we give our recommendation about moving forward with your trademark
We file your trademark application.
Your application is reviewed by the USPTO.
We help you manage office actions, if you receive any.
Your trademark is published in the USPTO Official Gazette journal.
You receive your Trademark Registration Certificate.
What is a trademark?
A trademark is any word, name, symbol, phrase, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services. Basically, what that means is a trademark is generally anything that identifies your brand that you use in connection with your goods or services.
Do you need a trademark?
Trademark is the only way you own your brand. So, if you’re selling or getting ready to sell your product or service you should get a trademark.
When is the right time to get a trademark?
At the beginning of starting your business because you want to make sure your trademark is available before you start using it. In the same way, you don’t want anyone to use your brand you want to make sure you’re not using anyone else’s brand.
I haven’t started using my brand name yet.
Can I get a trademark?
Yes! There are two types of trademark applications you can file. In use application and Intent to use application. Intent to use an application is when you’re not using your trademark yet, but you intend to do so.
What is a Comprehensive trademark search?
A comprehensive trademark search is a search of various databases for the other same or similar trademarks. Comprehensive searches are thorough and consist of searching:
Federal Trademark Database
State Trademark Database
State business Registrations
Do I need to have an LLC first before I file for my trademark?
No, you do not need an LLC first. An individual or a business can own a trademark. However, since trademarks are an asset for your business it is recommended that your business owns the trademark.
What is a trademark class?
A "class" is a category of goods or services that you want to protect your trademark for. Different goods and services fall under different classes, and similar goods and services may fall under the same class. There are 45 different classes of products and services.
For example: Make-up and soap fall under the same class. However, make-up and coaching services fall under different classes. One class is included in my trademark package.
What is an Office Action?
After filing a trademark application, the United States Patent and Trademark Office (USPTO) may decide to halt the progress of your application and document the reason for doing so in an official letter known as an Office Action. Office Actions are not final rejections if the legal issues, whether procedural or substantive, are addressed in your response to the Office Action, your trademark application will proceed.
Procedural issues refer to minor defects with your trademark application and are relatively easy to correct.
Substantive refusals are issued by the trademark examiner attacking your rights to proceed with your trademark application and own the mark. Substantive refusals require robust research and brief writing to respond.
Frequently Asked Questions
What does it include?
-Attorney Drafted Opinion Letter Discussing Results of Search
-File Trademark Application
-Procedural & Substantive Office Actions
-Attorney of Record
Our trademark packages includes an extra complimentary search in case your first trademark is taken. No matter what type of office action your receive in your trademark application you will NOT have to pay extra for us to handle it.