Protect your brand
with our premium trademarking service
You’ve worked hard to build your business. We’re going to help you guard what’s yours.
Your most valuable asset
Your business name. Your slogan. Your logo.
These trademarks are your most valuable assets. They each represent years of hard work to build a brand known for quality, value, and excellence.
With our full-service package you can rest assured that your trademark receives full protection. From start to finish our firm handles the tedious process of submitting your trademark application to the U.S. Patent and Trademark Office. We also equip you with tons of tools to give you peace of mind that your business and trademarks are fully protected.
Why register your trademark?
Protect against competitors
Registering your trademark ensures that other companies will not have a similar trademark. It also gives you the ability to use the registered “®” symbol to prevent others from using it.
Protect against infringers
In a world where IP theft is rampant, registration makes prosecuting infringers much easier.
Add value to your brand
Registering your trademark helps you to build your brand by giving you exclusive rights to use that mark to sell your products and services in the marketplace.
Strengthen your legal rights
Record your registered trademark with the U.S. Customs and Border Protection to prevent counterfeit goods from being imported into the U.S.
Everything you need is right here
Here's What's Included
You'll receive over $3,500 of value and benefits
Our search is the best in class
Our comprehensive search is the absolute best in class. If a similar mark exists, chances are we’ll find it. We search up to 5 USPTO classes for no additional cost. And we search multiple variations of your mark in those 5 classes, including common phonetic and spelling variations. We search domains, business registries, all 50 states’ trademark databases, the web, images on the web, and social media.
From start to finish, we've got you
Your time is valuable. Don’t waste it on wading through websites and archaic government databases.
We take the burden off of you so you can focus on what you’re good at – growing your empire. With our white-glove services, we do all of the heavy lifting for your trademark application. We go through your website and other documents, and take our time to gather all the necessary information for your application.
Ready to get started?
So are we!
Click below so we can start the process of protecting what’s yours. We can’t wait to work with you and help you take your business to the next level!
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Within 5 business days of receiving your full payment and completed questionnaire we start our comprehensive search. Completing the search and report takes up to 5 business days to complete. Once your report is ready we will schedule a consultation to review your results
and talk about next steps to submit your application.
Once your application is submitted the US Patent and Trademark office takes usually between 9 and 11 months to issue a registration number, assuming that there are no issues with your mark. If they take exception to any aspect of your usage or application, that timeline can increase dramatically depending on what needs to be corrected or modified. It’s best to allow
for at least 11 months to start and finish the process.
Any word, phrase, color combination, sound, logo, or sound you want your customers to recognize and associate with your brand, that’s usually what most people want to trademark/register because that’s what you want to prevent your competitors from unlawfully replicating.
If funds are tight and you’re unsure of which marks to register first, we usually recommend starting with the trademarks that are associated with either the most revenue, or the biggest financial investment.
This is such a difficult question, and each person’s circumstances require a different answer. Remember, a trademark doesn’t need to be registered with the USPTO in order for it to be a valid trademark, although registration is ideal because it exponentially strengthens your rights. Whatever it is you want your customers to recognize and associate with your brand, that’s usually what most people want to trademark/register because that’s what you want to prevent your competitors from unlawfully replicating.
We know of many instances where businesses waited too long to register their mark, and it ended up costing them 10x to 20x more than if they had done it at the beginning. We’ve seen many other instances where businesses waited to register their mark and there was no problem at all.
So, it just depends.
The trademarking process should fit the company’s process and how it plans to move forward. If you are still unsure and need more guidance, schedule a consultation with our firm and we’ll help you figure out a trademark strategy that would support your plans for the year.
Can you submit a trademark application before a major product launch, or do you have to wait until you've sold something?
It depends on the type of application that it submitted.
There are two different types of applications you can submit with the USPTO:
- A regular trademark application. Traditional law requires a mark to be used in commerce (i.e. to sell something) before it qualifies as a trademark and therefore eligible for registration. It is VERY important to understand that registering a trademark with the USPTO does not in itself create a trademark – it merely strengthens the rights to an existing trademark. So the traditional route would be to submit a regular application once you are using the trademark “in commerce.” This is risky because a lot of folks use marks that infringe on other marks, or otherwise don’t qualify as trademarks, and don’t realize it until they get to the registration process.
- An intent to use application. This can be used when you’re not actually selling products/services with your mark, but you intend to very soon. You submit an application and the USPTO runs their search. If everything is clear, they will give you a “notice of allowance,” which is basically a thumbs up to proceed with using the trademark to sell your products or services. Once you start using the trademark, you finish out the application with specimens of your use, and the USPTO issues the registration. Submitting an intent to use application essentially ties up the trademark while you’re preparing to use it, which would prevent others from being granted an approval for a similar mark. This is a great option for those wanting to invest a large sum of money into a marketing campaign, and they want to be absolutely sure the trademark is available for use.
A specimen is an example of a trademark being used to sell a product or a service. It is not simply a picture of a product. It has to be very clear that you are using the trademark as a brand identifier of that product. A lot of times the mark is displayed on the product itself, but not always, which is why it is important to make this distinction.
For example, a business owner may curate many different cosmetics on her website, but none that actually carry the name of her brand directly on the packaging. But she is still using her trademark, probably in the header of her website, to sell those cosmetics. So if she wanted to register her trademark with the USPTO for cosmetics, she would probably want to submit a screenshot of her website with her trademark clearly visible plus the cosmetics clearly for sale. If she submitted just a picture of the cosmetics she sells that do not display her trademark, her application would probably get rejected.
Generally, a geographic mark is going to be considered a nondistinctive and ordinary mark and not eligible for trademark protection/registration if the underlying product or service is actually connected to the place named. This is because everyone has the right to use accurate geographic words to describe their goods or services. If the geographic word is used long enough in the marketplace (typically 5 years) it may acquire distinctiveness and then be eligible as a trademark.
Is a "poor man's trademark" valid? (I.e. placing your desired name in an envelope and mailing it to yourself.)
Placing a name/logo/mark inside of an envelope does not prove that the mark is being used in commerce (i.e. monetized in some fashion), which is an essential requirement for a mark to rise to the level of a trademark. What this does prove is that it is an idea, but ideas are not protected by trademark or copyright laws.
We recommend registering the mark with the USPTO because a registration greatly strengthens the owners rights to the mark, and makes it exponentially easier to enforce those rights against infringers.
Although “trademark” and “copyright” are used interchangeably by the general public a lot of times, they protect very different aspects of creative expression. Trademark laws protect the expression that is used to identify and distinguish a product or service in the marketplace, including slogans, names, titles, and short phrases, color combinations, package design, etc. A trademark is whatever signifier you put forth in the market place that tells your customers and potential customers “hey, this ____ came from ____! It’s a great product and you can trust it!” For example, when you see the McDonalds logo, you KNOW that particular establishment serves french fries and hamburgers that taste a certain way.
Copyright laws protect all creative expression except for slogans, names, titles, and short phrases. Copyrights are created once a creative expression takes a tangible form such as on paper, film, sound, or canvas. With copyrights, only the expression is protected – *not* the underlying idea itself.
Must I trademark my logo before I can use it or does using it offer any kind of protection while I begin the trademark process?
Because you probably don’t want to invest money into a brand name that lawfully is not yours to begin with, you need to know if it is in fact truly yours.
Registering your trademarks with the US Patent and Trademark office most times will be a really good idea.
At the very least you need to be conducting comprehensive searches on any name or slogan that you intend to use to market a product or service with. These comprehensive searches are usually conducted by lawyers (like us) where we scour all federal and state databases, social media, the internet, domains, etc. to see if there is someone who has either registered a trademark similar to yours, or is simply using one in the market place.
If an identical or “confusingly similar” name pops up from our search, you’ll know that it’s off limits and that you should probably change directions.
Forming an LLC does not give you exclusive rights to use a name; only trademark laws do. An LLC protects your personal assets by forming a legal entity. Trademarking protects your brand name and other brand identifiers.
No, not unless you want to be liable for both trademark and copyright infringement.
I’m starting a new business and the name I want is already registered to another company that is in a completely different industry. Can I use the name?
Maybe, maybe not. It depends on the mark and what’s being sold. Generally, there can be two identical marks that can coexist in different classes as long as the classes are unrelated. But with some famous marks (and possibly highly distinctive marks), even if it’s in a completely different class, you’re not going to be able to use an identical mark.
In situations like this it wouldn’t be a bad idea to book a consultation with us at www.NewMillenniaLegal.as.me so we can look at both marks and give you an individualized assessment.
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