For the business owners who are ready to own their brand...
Rather than risk their brand's identity to the rest of the marketplace.
Anyone can build a business; only a select few businesses can become a brand. Trademarks protect brands- ensuring not just that your brand's name, logo, or slogan can't be used by anywhere else- it's the only way to ensure that your business' name can live on in perpetuity. You can have the best products, or provide the best services available on the market...but until your customer knows who you are, it's all for naught.
And until you own your brand, someone else can come along and legally enjoin you from using it any longer. AKA, force you to change your brand identity.
That's the non-legalese way to describe it, at least.
Until you register your trademark, you don't really own it. You may have some common law rights to it, sure, but you'll spend exponentially more money in legal fees trying to prove that than it costs to register.
In 2019, nearly ##### of trademarks were filed in the United States...and once that name is registered, it's reserved for that business alone. What's worse- until you own your trademark, your "common law" mark could accidentally infringe upon someone else's- landing you in legal hot water at best; a forced rebrand and legal penalties at worst.
Typically, the most premier brands are the ones that are infringed upon at the end of the day, and registering your trademark before infringers have the chance to act is key to protection. The trademark process is lengthy, which means that its better to act sooner than later. If you're unsure whether or not this step is right for you at this time, the due diligence option below is the proper first step, which not only acts as the "first step" of the trademark process, but is also a step every business should take prior to branding.
I am fiercely protective of my clients' trademark rights. As someone who chose to personally secure their own trademark, and then just months later, had to deal with a "very curious: competitor, I learned firsthand just how grateful I was that I'd secured my own brand's identity, I have quite literally been in your shoes.
This isn't a firm where you're just another name in a sea of clients. You'll never have to wonder who exactly is working on your trademark- it will be myself personally, the entire way...and I'll do everything in my power to be your advocate every step of the way, ensuring that you aren't my first trademark refusal (that's right, I currently have a 100% batting average with the USPTO).
The process starts with your inquiry, and then leads directly to the due diligence search. More on that here:
Our extensive due diligence search provides a comprehensive search of your business name throughout the United States, so that you know whether or not your proposed (or current) name can be used. This is the first of three steps of our trademark process, and should also be your first step prior to investing capital on branding. It's integral that you ensure that there is no chance of “likelihood of confusion” with another brand.
After completing your search, we'll confer to determine whether or not you're ready to proceed with the trademarking process. While I will provide you with my unfiltered legal opinion on how to proceed- you will be in charge of every step of the process.
* Due diligence searches available as a stand-alone service as well
After deciding to proceed with registration, my office will move quickly to get your application filed with the USPTO. From that point, the ball is somewhat in their court, and the steps will vary slightly from case to case. You can expect this step to take anywhere from 6-12 months on average (depending upon factors such as the amount of office actions granted for your application).
The truth is, it is impossible to say with 100% certainty how the USPTO will handle (or if they will grant) an application. However, an experienced trademark attorney will be able to adequately advise you on next steps, and handle any speed bumps that may occur along the way.
What is a post registration search
why does someone need it