Trademark
Protect your word, symbol, or design from being exploited by others for financial gain. The trademark attorney at Alloy Patent Law will help safeguard your intellectual property.
Why Hire a Trademark Attorney?
As an individual or small business, you need to retain your intellectual rights as you compete with other businesses that often have more assets and resources. You also need an experienced professional who knows how to search and identify current trademarks so you can avoid potential litigation. This is where the patent trademark attorney at Alloy Patent Law comes in. Our team will help protect you from the legal pitfalls surrounding trademarks and other intellectual property.
Available Trademark Services
01.Trademark Clearance Searches
A comprehensive trademark search is critical before you start a new business, product line, or process. We help you identify existing marks that may impede your ability to use and register your proposed name.
02.Trademark Application Preparation
We draft and file your trademark application and guide you through the registration process from beginning to end.
03.Office Action Responses
We respond quickly and appropriately to handle any office actions and maintain your trademark registration.
04.Trademark Monitoring
We proactively monitor trademarks, which includes checking the USPTO’s status of your trademark application or registration, tracking deadlines to respond to office actions, and other necessary services.
05.Trademark Change of Ownership
If you plan to sell your business, it’s essential to protect the goodwill associated with the name. We will assist you during the change of ownership process, transition period, and all related processes.
06.Trademark Portfolio Management
We can help you develop and manage a comprehensive trademark portfolio and protect your marks from infringement.
07.Trademark Renewal Filings
Trademarks have to be renewed after a certain period to maintain complete protection. Our trademark lawyer will take care of all the renewal filings for you so can focus on other matters.
08.Trademark Opposition Proceedings
There may be times when another party attempts to register a trademark similar or identical to yours. We help you identify the likelihood of success in an opposition proceeding.
09.Trademark Cancellation Proceedings
If you believe that someone has registered a trademark in bad faith or it is no longer being used in commerce, we will file a cancellation proceeding on your behalf.
10.Trademark Litigation
We cover all judicial proceedings related to trademarks, including trademark infringement proceedings and defense of oppositions.
What Makes Us Different
Other online trademark lawyers might offer copy-and-paste service packages, but Alloy Patent Law was established to help individuals and small businesses with personalized service and practical advice. Our trademark law firm was founded by a former engineer, so we truly understand your perspective and strive to create a supportive and stress-free experience.
”Our trademark law firm was founded by a former engineer, so we truly understand your perspective and strive to create a supportive and stress-free experience.
Walker WeitzelFounder
Frequently Asked Questions
What are the steps to maintain a trademark once it's filed?
There are many things you can and should do to maintain a trademark after it has been filed, but here are the two most necessary things. First, consistently use your trademark as you conduct business. Second, file renewals at regular intervals so your trademark doesn’t expire or get canceled.
How long does a trademark last?
A trademark will last indefinitely as long as you renew at appropriate intervals. You must file a “Declaration of Use under Section 8” five to six years after initial registration. You must also file a combined “Declaration of Use and Application for Renewal under Sections 8 and 9” between years nine and ten of your registration, then renew it every ten years. If you fail to follow these steps, your trademark will expire.
Can I trademark a logo and a name, or do I need separate filings?
Often, yes, you can protect both, but they are usually different filings. A word mark protects the name itself, regardless of font or design. A design mark covers the specific logo artwork. If you use the name in many places and your logo changes over time, filing the word mark can be a workhorse. If the logo is central to recognition, a design filing may also make sense. A trademark attorney can map the options to your budget and brand plans, then handle a clean trademark registration strategy.
How long does a trademark application take?
For a federal trademark application, the timeline varies, but it is common for the USPTO to begin its review several months after filing. If the application moves smoothly, registration can still take many months total, sometimes close to a year or more, depending on issues that come up. Office Actions, publication timing, and any third-party challenges can extend things. A trademark lawyer helps you choose the right filing basis, tighten the description of goods or services, and reduce preventable delays. If speed matters, plan your launch dates accordingly.
What should I do if my application receives an Office Action?
First, do not panic or ignore it. An Office Action is the USPTO telling you what needs to be fixed or argued. Some are simple, like clarifying your goods and services. Others are tougher, like a likelihood-of-confusion refusal. The response deadline is strict, and a weak reply can box you in later. A trademark registration attorney can evaluate the examiner’s concerns, gather the right evidence, refine your identification, or recommend a strategy change if needed.
Common Trademark Misconceptions
“Trademark applications are easy. I can do it myself.”
Filing a trademark application can be confusing and complicated. You may not be familiar with all the requirements, leading to incorrect filings or expired trademarks. It pays to hire someone intimately familiar with the process. Let our experienced trademark attorney serve you.
“I only need to file one application for all my trademarks.”
This is not the case. You must identify which trademarks are worth filing according to what goods and services your business sells. If you register all your logos under one application, there will be issues if the application cannot cover all of them.
“Trademark applications aren’t worth the investment.”
Your enterprise is likely to morph and rebrand over time. There will be other businesses wanting to grow and compete with you. If you don’t secure your trademark early on, the possibility of losing it later is high. Hiring a trademark lawyer to file your trademark is worth the investment.
“I can use the symbol ® whenever I want and it’s trademarked.”
This symbol indicates federal registration, and it cannot be used without the permission of the United States Patent and Trademark Office. However, the use of “™” is a signal that you are claiming trademark rights without having a complete federal registration. “℠” is used for service marks.
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