A trademark is protection for distinctive marks that are used in commerce. A trademark can consist of a word, symbol, design, or a combination of these. The purpose of this is to protect the intellectual property of the business owner, giving them exclusive use of it commercially. Suppose others are using the same or similar trademarks for their own business. In that case, there may be confusion in consumers’ minds, and there can be unfair competition for allowing others to profit from your reputation.
Trademark attorneys can help you with the filing of trademarks and guide you throughout the process. A Seattle trademark attorney is knowledgeable about trademark law and can make sure they are correctly filed. They will also give you advice on how best to proceed when it comes to your trademark. Alloy Patent Law is a Seattle Law firm that provides comprehensive trademark registration services.
Our experienced Seattle trademark lawyer is standing by to provide the guidance you need. Contact Alloy Patent Law today at (206) 899-6980.
Why Should You Hire a Trademark Attorney to Register Your Trademark in Seattle
The emergence of small businesses calls for more competition. These small businesses would want to compete with the bigger ones in hopes of earning more. As microenterprises search for more ways to make it big, so is their creativity. In this comes the tendency of having imitations of trademarks of big businesses. While most of these are unintentional, there is a propensity for imitation, which disadvantages big businesses.
This is the importance of a trademark lawyer, who has enough knowledge to know whether the trademark of your business is not similar or identical with that of another. Trademark protection is the primary purpose of trademark applications. The process of trademark registration can be overwhelming, and a trademark attorney can expedite this process.
A trademark attorney is experienced in trademark law cases, federal trademark registration and knows about several government offices in charge of trademark applications. At Alloy Patent Law, we serve clients wanting to register their trademark for protection. We also cater to clients filing cases against small businesses that intentionally violate trademark laws.
Steps We Take to Register Your Trademark in Seattle
Your trademark registration does not have to be burdensome. Trademark applications are usual for businesses wanting to secure their name or logo, and the process varies depending on the category of the trademark you apply for.
Here are the procedures of a trademark application that we can do for you:
To secure our trademark application services, you’ll need to pay the legal fee of $950.
- Next will be for us to do extensive research on similar trademarks. We shall inform you of the research results within five (5) business days.
- Once we find that there are no similar trademarks, we will draft the trademark application. We will send you a copy of the draft for your review.
- We shall now file your trademark application, and you shall pay the filing fee required from the class of goods represented by your trademark.
- We shall notify you of its outcome within three (3) calendar days following receipt of the notification by our firm.
Trademark Services We Offer in Seattle, Washington
- Trademark Clearance Searches – Before you start a new business, product line, process, or other undertakings, it’s important to do a comprehensive trademark search. We can help you identify existing marks that may hinder your ability to use and register the proposed name.
- Trademark Application Preparation – We can draft and file your trademark application and guide you through the entire registration process.
- Office Action Responses – We can respond and handle any office action and maintain your trademark registration.
- Trademark Monitoring – Checking the USPTO’s status of your trademark application or registration, deadlines to respond to office actions, and other services.
- Trademark Change of Ownership – If you plan to sell your business, it’s important to protect the goodwill associated with the name. We will assist you during the change of ownership process, transition period, and all related processes.
- Trademark Portfolio Management – We can help you develop a comprehensive trademark portfolio and protect your marks from infringement.
- Trademark Renewal Filings – Trademarks have to be renewed after a certain period to maintain complete trademark protection. We can take care of all the renewal filings for you so that you don’t have to worry about it.
- Trademark Opposition Proceedings – There can be times when another party attempts to register a trademark that is similar or identical to your already registered trademark. We can help you identify the likelihood of success in an opposition proceeding.
- Trademark Cancellation Proceedings – If you believe that someone has registered a trademark in bad faith or if it’s no longer being used in commerce, we can file a cancellation proceeding on your behalf.
- Trademark Litigation covers all judicial proceedings related to trademarks, including trademark infringement proceedings and defense of oppositions.
USPTO Might Deny Your Trademark Application
It is unfortunate for some businesses whose trademark application is denied, and this denial only means more opportunities for innovation and creativity. Innovation is essential when thinking and designing a new mark, and creativity should be enough to make it appealable to your market.
To enlighten you further about trademark application denials, here are the common reasons why your application will be denied:
- Confusion with other marks – Your mark might be considered deceiving to the public. Also, it does not have enough difference from another company’s trademark.
- Use of surname – You cannot use a surname in your mark. This is because it has no other meaning to the public except for a specific person or a family.
- Deceptive misdescription – If your mark is considered a false representation of your goods or services, it will be denied.
- Immoral or scandalous material – The USPTO will not allow any immoral or scandalous marks to be registered.
- Illegal goods or services – Your mark might be associated with illegal goods and services, which the USPTO will not allow being registered.
Your Trademark Registration Will Be Audited By the USPTO
The United States Patent and Trademark Office (USPTO) has the duty of determining whether a trademark belongs to you. To assist in its duty, it conducts random audits on some trademark applications.
If your application is selected for an audit, the USPTO will send you a letter informing you of this fact and asking that you provide proof of use within six months.
The trademark office may also request that you provide additional information, including specimens of use and a written declaration of use. You may consult a Seattle trademark attorney to help you prepare your response.
Common Misconceptions About Trademark Filing for Seattle Businesses
Some businesses think that as long as they are earning from their goods and not violating any law, they are clear. They couldn’t be more wrong. Registering a trademark is not just a formality, and it can be very costly to do so improperly.
Here are some of the misconceptions about Trademark filing in Seattle:
- “There should only be one trademark application for all trademarks I have” – This is wrong. A business has to identify which goods and services they are selling. If you register all your logos under one application, there is an issue if the application can’t cover all of them.
- “I can register the trademark of another business’ unregistered trademark” – This is not advisable. If the trademark is registered, it is easier to prove that it was infringed. If the trademark is unregistered, the burden of proof falls on you to show that you were using it first.
- “Trademark applications are easy, and I don’t need any help for it” – Filing a trademark application can be tricky, and there are many things to consider. You may not be familiar with all the requirements, and it’s best to have a Seattle trademark attorney help you out.
- “Trademark applications are not worth your investment” – Your enterprise will not stay as it is for the rest of its existence. There will be other businesses wanting to compete and grow. If you did not secure your trademark early on, the possibility of losing it later is high.
- “I can use the symbol ® whenever I want” – This symbol indicates federal registration, and it cannot be used without the permission of the United States Patent and Trademark office. On the other hand, the use of “™” is a signal that you are claiming trademark rights without having a complete federal registration. “℠” is used for service marks.
Seattle Trademark FAQs
Why do I need to file a federal trademark registration?
A Seattle business may overlook the importance of trademark registration, and some find it a cliche since there are so many unregistered trademarks. But federal registration provides significant benefits, such as notice to the public of your claim of ownership and exclusive right to use the mark nationwide.
Companies would also want to protect their trademarks by registering them, and they’ll have a better right to protection and enjoin infringement.
How long does it take for me to acquire my trademark registration?
A trademark application in Seattle may take approximately 8 – 10 months to process, and some registrations may take as long as 14 months. The USPTO will return an application if it is not filled out correctly or if the application fee has not been paid in full.
You must respond to any requests for additional information promptly. If there are no issues with your filing, you should have your trademark registered within 8 – 10 months.
The correctness of your application and the timely payment of filing fees will allow you to have a smoother and quicker trademark registration. Seattle trademark lawyers can assist you in making any necessary amendments to your application, expediting the process.
What is the difference between a trademark and a copyright?
Some people may confuse trademark and copyright since both pertain to the protection of rights in Intellectual Property Law. However, it is important to distinguish both because they pertain to two different types of Intellectual Property rights.
Trademark refers to the right to use a distinctive sign or indicator in trade for goods or services that are sold. For example, a trademark’s subject is a name, a word, a symbol, a logo, or an image. Trademark registration is done with the United States Patent and Trademark Office (USPTO) to protect your mark from being used by someone else.
Copyright is the protection given to authors of literary and artistic works which are original and fixed in a tangible form. Copyright protection exists when the work is created in a tangible form, such as when it is written down, typed, or recorded. Artists may protect their copyright by registering the work with the United States Copyright Office.
What is the USPTO?
The United States Patent and Trademark Office (USPTO) is responsible for granting U.S. patents and registering trademarks. The USPTO handles trademark applications, searches, and registrations. If you consider filing a trademark application, you will need to consult with a Seattle trademark lawyer who is familiar with all the requirements of the USPTO.
Finding a Trademark Attorney Near Me | Contact Alloy Patent Law for Your Intellectual Property Matters in Seattle, WA
Call Alloy Patent Law now for a free consultation regarding the application for trademarks, patents, copyrights, and other rights involving Intellectual Property Law. Our Seattle Trademark Lawyer has settled several cases with the United States Patent and Trademark Office.
As a company owner, you know that protecting your intellectual property is necessary to help your business succeed. A trademark attorney in Seattle, Washington can help you do just that. Call us now at (206) 899-6980.
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