US Trademark Forum

FAQs

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What is a Trademark?

Trademark registration offers exclusive nationwide rights to use your company's brand names, slogans, and logos. Without permission from the rightful owner, no other seller can sell products with their trademarks without risking legal action. Registering a trademark is the best way to ensure that your brand remains legally and exclusively yours.
How a Trademark can be removed from the register?

A trademark can be removed from the register:

if it clashes with an earlier trademark

the trademark has not been used after the grace period.
Who is eligible to apply for a Trademark?

An application may be submitted by anyone who has the ability to contract. It should be noted that non-resident entities in some countries must hire a local attorney to represent them before national authorities.
What does legal protection for a Trademark owner imply?

After the registration is completed, the owner obtains exclusive rights over his trademark. Their brand is legally protected from any imitators that can use similar or identical marks without copyright permission.
Can we register a Trademark for a logo or a company name?

Yes, if a company offers its services under its name and intends to differentiate its offerings from those of competitors.

What is a Trademark Search Report?

A Trademark Search Report is a comprehensive report that includes results related to a trademark search. It's useful for individuals or businesses looking to register a trademark and want to know everything about availability or similar marks.
Why Trademark search is important?

A trademark search is essential for brand owners to uncover and mitigate potential risks before putting a mark into use. It helps determine if any other party has registered an identical or similar mark, thereby reducing the likelihood of infringement and allowing their mark to be used commercially without issue.
What if someone has a similar mark?

If you find that the trademark or logo you have chosen is already being used by another company or is too similar to theirs, you will have to explore other alternatives. This can be a difficult task, but it is a vital step in order to avoid potential legal issues from arising. Taking the appropriate action now can save you time and money in the future.
Should you conduct a Trademark search?

Yes, a Trademark Search is a necessary step for the optimal protection of your brand. While it may require some investment, in the long run, it will save you from any infringements or invalidity claims.
How much does it cost?

The cost of a Trademark Search can vary depending on the specific details.

What is a Comprehensive Trademark Search?

A Trademark Search Report provides a comprehensive overview of available trademarks. It is a vital tool for those searching to register an original trademark and ensure no others are similar. This in-depth report contains all the necessary information for successful registration.
What if another person has a similar mark?

If your search reveals that the mark you want to use is already in use or is significantly similar to the one that is, you may need to consider another option.
What is an invalidation procedure?

A trademark can be removed from the register for one of three reasons: it does not meet the legal requirements for granting, it conflicts with an earlier trademark, and it has not been used after the grace period.
What is required for a Comprehensive Search?

A Comprehensive trademark search requires access to several third-party databases that are not publicly accessible, as well as sophisticated, proprietary search software.
What is a preliminary Trademark Search?

A preliminary trademark search is also known as an "exact match" or "knockout" search. This type of search finds names that are identical and names that differ by one or more letters from your desired trademark name.

What is a Trademark Office Action?

When the USPTO finds an issue in a trademark application, they provide an Office Action. This letter describes why trademark registration must be denied. In order to resolve this issue, applicants may need to file an Office Action.
How many different kinds of Trademark Office Actions exist?

Trademark Office actions are classified into two types:

Non-final Office Action: The US Trademark Office will issue a non-final Office action if an issue is raised for the first time.

Final Office Action: If the applicant fails to resolve the issues raised in a previous Office Action, the USPTO will issue a final Office Action. You have fewer options for responding to a final Office action.
What happens if you didn’t respond to an Office Action?

Failing to respond to a trademark Office Action within six months can put your trademark application at severe risk. If abandonment occurs, you will have no choice but to restart the entire registration process from scratch - something that could take considerably more time and effort.
Do you provide all kinds of Office Action responses?

As we are not lawyers, we cannot provide legal advice. However, we can evaluate and assess your Trademark Office Action to determine its eligibility and then discuss if our services are suitable for you or if you require the assistance of an attorney.
What are the causes of receiving an Office Action?

It can be issued for many reasons, including faulty descriptions of goods and services, evidence that the trademark is merely descriptive, similarity to existing marks, or failure to respond properly to earlier office actions. Understanding the cause of an office action can help you take corrective measures and protect your intellectual property rights.

What is Trademark Monitoring?

Trademark monitoring is the process of looking for unauthorized sellers who are using your existing trademarks, such as logos, phrases, packaging, and more, on websites, social media, and online marketplaces. Businesses must stay vigilant in keeping an eye out for any unauthorized use of their trademarks, as they must be promptly addressed to ensure brand integrity and protection.
Why is it important to monitor your Trademark?

Trademark monitoring is an invaluable tool in safeguarding your brand's integrity. Taking proactive steps to monitor the market and identify potential infringements early can potentially save your business from costly lawsuits.
What is included in your Trademark Monitoring Services?

Our Trademark monitoring services include:

- Tracking sites all across the globe

- Monitoring by Automated Software 24/7

- Monthly reports and personalized notifications

- Efficient results
What to do if someone is using my details?

Our efficient monitoring system alerts you if someone is infringing on your details. You need to consult an attorney who is specialized in trademark law.
When should you consult for Monitoring Services?

If you aren't already actively monitoring your trademarks, then you could be at risk of infringement. Be sure to consider trademark monitoring services to protect your intellectual property and safeguard your brand now and in the future.

What is Copyright?

Copyright serves as a vessel for protecting the rights of authorship that creators are entitled to under U.S. law, regardless of the medium or expression used. This applies to published and unpublished works, giving them all the same recognition and protection throughout their duration.
Does the copyright cover name and titles?

Original works may be protected by copyright, but names, titles, slogans, and other short phrases can fall outside the scope of protection. You must consider additional steps to protect your intellectual property by researching trademarking and registering your works with a government agency.
Why should you submit a copyright certification request?

Registering your copyright can be an invaluable step and offers distinct advantages, including the right to bring legal action against third parties infringing upon your copyright. Such registration can provide you with key protection as well as the ability to seek financial relief in the event of an infringement.
Can I update the information after registering?

Registering your work ensures that your creation is officially recorded, and the Rights Office acknowledges the completion of your project as of that date. Once a work is registered, it cannot be changed or edited in any way.
Why should I approach an agency rather than a law firm?

With over 10 years of experience navigating copyright registration for clients in various industries, our legal specialists provide an unparalleled value proposition. Unlike most attorneys who charge an hourly rate for their services, our team of experts offers a fixed fee structure that gives clients clarity and control in managing the costs associated with securing rights to their original content.

Frequently Asked Questions

FAQs

What is a Trademark?

How a Trademark can be removed from the register?

Who is eligible to apply for a Trademark?

What does legal protection for a Trademark owner imply?

Can we register a Trademark for a logo or a company name?

What is a Trademark Search Report?

Why Trademark search is important?

What if someone has a similar mark?

Should you conduct a Trademark search?

How much does it cost?

What is a Comprehensive Trademark Search?

What if another person has a similar mark?

What is an invalidation procedure?

What is required for a Comprehensive Search?

What is a preliminary Trademark Search?

What is a Trademark Office Action?

How many different kinds of Trademark Office Actions exist?

What happens if you didn’t respond to an Office Action?

Do you provide all kinds of Office Action responses?

What are the causes of receiving an Office Action?

What is Trademark Monitoring?

Why is it important to monitor your Trademark?

What is included in your Trademark Monitoring Services?

What to do if someone is using my details?

When should you consult for Monitoring Services?

What is Copyright?

Does the copyright cover name and titles?

Why should you submit a copyright certification request?

Can I update the information after registering?

Why should I approach an agency rather than a law firm?

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