Trademarks
We are pleased to advise our clients of the availability of comprehensive, computer aided trademark searches on a expedited basis. Online federal, state and common-law trademark searches are conducted. The proposed mark is first compared to the federal granted and inactive registrations, and pending applications from the U.S. Patent and Trademark Office records. Then it is checked against the active trademark records of the 50 States and Puerto Rico. The search is directed to the identical spelling of the trademark, phonetically similar spellings, and similar prefixes, suffixes, letter strings, letter substitutions and combinations thereof. The exact mark is then screened through almost 100 online databases of U.S. and international business and product directories for common law usage. This extensive common law search is done by a proprietary search routine wherein the databases are examined for unregistered, common law uses of the identical mark in company, affiliate, organization, product, brand and trade names. A current list of the databases searched can be sent on request.
We will search your trademark, analyze search results and provide you with an attorney's opinion concerning its availability. We can prepare and file a federal trademark application almost immediately either on the basis of an actual prior sale in interstate commerce, or on a "name reservation" basis when there is a bona fide intent to use the trademark. Foreign trademark applications can be filed though a worldwide network of correspondent trademark attorneys. We are available for the representation of clients in offensive and defensive trademark opposition and cancellation proceedings before the Trademark Trial and Appeal Board.
Since trademarks have an indefinite lifetime provided they are protected, once they are registered, they must be maintained, renewed and regularly used correctly in commerce by the owner or licensee. Client, licensee, and customer advertising can be reviewed for correct use and notices. Comparative advertising by competitors can be studied and appropriate warnings issued when appropriate. The Trademark Official Gazette of the U.S. Patent and Trademark Office can be monitored for conflicting and confusingly similar new marks proposed by others. Worldwide monitoring can be initiated when warranted. Affidavits under sections 8 and 15 of the Lanham Act are prepared after five years of registration in order to keep federal trademarks in force for their full term and to render the right to use the mark incontestable under certain conditions. The following professional services are available to clients:
The following professional services are available to clients:
1. Name Availability: On-line federal, state and common-law trademark searches are conducted. Granted registrations, pending applications and inactive registrations are searched from the U.S. Patent and Trademark Office records. Active trademark registrations in the offices of the Secretaries of State for all 50 States and Puerto Rico are searched for both the identical word mark and corrupted spellings. An extensive common law search is done by a proprietary search routine wherein 95-100 databases are examined for unregistered, common law uses of the identical mark in company, affiliate, organization, product, brand and trade names. Search results are analyzed, and clients are provided with a trademark availability opinion. Search results are usually available on the same day requested.
2. Applications: Trademark applications are prepared and filed in the United States and foreign countries either on the basis of an actual prior sale in interstate commerce, or on a "name reservation" basis when there is a bona fide intent to use the trademark.
3. Protection: Trademarks have an indefinite lifetime provided they are used correctly and protected from improper and unauthorized use by others. After trademarks are registered, they must be maintained, renewed and regularly used correctly in commerce by the owner or licensee. A program of advertising literature review can prevent trademarks from becoming generic. Client, licensee and customer advertising is reviewed for correct use and registration notices. Comparative advertising by competitors is studied and appropriate warnings issued when appropriate. The Trademark Official Gazette of the U.S. Patent and Trademark Office can be monitored for conflicting and confusingly similar new marks proposed by others. Worldwide monitoring can be initiated when warranted. Affidavits under sections 8 and 15 of the Lanham Act are prepared after five years of registration in order to keep federal trademarks in force for their full term and to render the right to use the mark incontestable under certain conditions. Renewals of registrations are required every ten years.
4. Trademark Trial and Appeal Board: Representation of clients in offensive and defensive trademark opposition and cancellation proceedings.
5. Trademark Licenses: Licensing agreements can be negotiated on behalf of clients which provide the requisite quality control measures. Trademark licenses form the heart of franchise offerings.