We believe in protecting your most valuable assets.
A business’ brand is arguably its most valuable asset. Your business’ brand helps customers identify your business, distinguishes you from competitors, and builds customer loyalty. Owning and protecting your brand are essential to maintaining your business’ reputation and fueling your business’ growth.
Trademark Registration
Because owning and protecting your business’ brand are so essential, we offer trademark attorney services online for trademark registration. Our goal is to provide quality trademark services online to clients across the United States (and the world!) who realize it is important to work with a knowledgeable trademark law attorney.
We also aim to simplify the process – you can visit our frequently asked questions to get detailed information about the trademark application process so you are fully aware of what to expect. You also have the option to schedule a strategy call to speak with an experienced attorney to answer any questions you may have or to have a trademark attorney explain the next steps to get started. When you work with us, you are also able to speak with a trademark attorney to answer any questions you have during the process.
Why Work with TKA Law Firm
Our managing attorney, Shakera Thompson, previously worked with Fortune 100 companies and now also works with promising, established early-stage companies to protect their brands. In addition to being experienced and good at what we do, we are a trademark lawyer law firm who places client service as one of our top priorities. We provide a meaningful plan of action during strategy calls and are always available for any questions you have during the trademark registration process.
We will also serve as the attorney of record during your trademark registration process and always provide you consistent updates throughout the trademark registration process. As part of our representation in your trademark registration matter, we also provide complimentary responses to procedural office actions to help the trademark registration process move along.
Our Federal Trademark Registration Process
Once you have retained our firm to assist with your federal trademark registration and complete the intake process, we will conduct a comprehensive trademark clearance search. We work hard to identify possible issues with your desired trademark in the beginning, before filing a trademark application.
Within approximately one week of beginning work on your matter, we will provide the comprehensive trademark clearance search results and a legal opinion regarding the results of the search. The legal opinion will include an attorney opinion on the likelihood of successful trademark registration. You will also have the opportunity to speak with an attorney regarding the search results, legal opinion or any questions you have about the process.
With your approval, an experienced trademark attorney will prepare your trademark application for your review. We understand the complexities of trademark applications and carefully draft your application aiming for the greatest likelihood of a successful registration. Once you approve the draft trademark application, we will file with the USPTO.
Once we file your trademark application, the registration process takes approximately 16 to 18 months in total. Approximately 10 months after we file, your application will be assigned to a trademark examiner at the USPTO. Check out our frequently asked questions for additional information on the trademark application process.
Additional Services
In addition to trademark registration services, we offer a variety of other affordable trademark attorney services, many on a flat fee basis, to help our clients protect their brands including:
- Trademark Search and Clearance
- Trademark Office Action Responses
- Trademark Maintenance/Renewals
- Trademark Monitoring
- Trademark Assignment
- Trademark Licensing
- Trademark Opposition Proceedings
- Trademark Cancellation Proceedings
Additionally, we know how important certainty is when it comes to legal fees so in addition to offering flat fee pricing for most legal services, we also offer subscriptions to provide many of our legal services at fixed monthly fees.
Frequently Asked Questions
What is a trademark?
A trademark is essentially a brand name and may include a word, phrase, symbol or design, or a combination of these items. A trademark identifies the source of goods and differentiates the goods of one seller from those of other sellers. A service mark is similar to a trademark except that it identifies and differentiates the source of services (vs. goods). The term trademark is commonly used to refer to both types of marks.
Why should I register a trademark?
Registering your trademark protects your brand. While you do receive some benefits when you begin using your trademark, a trademark registration provides greater legal remedies to prevent others from using brands that could be confused with yours.
What should I do first, register my business or trademark my business name?
The answer in most cases is both, you want to register your business and trademark the business name around the same time.
When you register your business, you will do a search of your state’s registered business entity records to be sure the name does not belong to another registered business. But the name could be in use by an unregistered business. Additionally, registering a business does not provide any trademark rights under the registered name and also does not ensure the registered name does not infringe on the trademark rights of others.
So ideally you want to do a comprehensive trademark clearance search and file a trademark application to protect your business name. It’s also generally preferable to hold the trademark in the name of your business to add value to the business and specifically hold the trademark in the name of your registered business to limit your personal liability. Of course, you should consult an attorney about your individual situation.
How does the trademark registration process work?
We recommend a comprehensive trademark search before filing a trademark application. Below is a brief overview of the remaining steps in the trademark registration process:
- Your trademark application is filed. Your application is entered into the United States Patent and Trademark Office (USPTO) database to await review. It generally takes at least 10 months before an examiner reviews an application.
- An examiner reviews your application. The examiner will determine if your trademark can move forward with registration. This process may take up to one month.
- The examiner either approves your mark for publication or issues an Office Action.
- If your application is approved for publication, it appears in the “Official Gazette” to allow others to oppose your application or request an extension of the time to oppose.
- If you receive an Office Action, you must provide a complete response that addresses all legal problems raised by the examiner to avoid refusal or abandonment of your application. Because Office Actions often raise complicated legal issues, we highly recommend speaking with an attorney regarding your options.
- If you resolve all legal problems raised in the Office Action, your application is then approved for publication.
- If you do not resolve all legal problems, your trademark will not move forward with registration, though you do have the right to appeal.
- If there is no opposition during publication (or an opposition is unsuccessful), your application will proceed to the next stage of registration.
- If you were using your trademark at the time your application was filed, the USPTO will register your trademark.
- If you were not using your trademark at the time your application was filed, you will receive a Notice of Allowance (NOA).
- After receiving an NOA, you have six months to either file a Statement of Use (SOU) showing you have used the mark or request a six-month extension of time to file an SOU.
- If the examiner does not identify any legal problems with the SOU, the examiner will approve the SOU and the USPTO will register your trademark.
How long is the trademark registration process?
Each trademark application varies; however, in general the process takes at least 16 months but can take much longer if legal issues arise.
How do you charge for trademark registration?
We provide trademark registration services on a flat fee basis. We do not believe in surprise fees for our clients.
Can you help me with my trademark if I am not located in New York?
Yes, trademarks are protected under federal law, so we can assist clients in any state or country.
