Our Supervising Attorney, Susan K. Duke, will be working with you on any and all Trademark Matters.
Trademark law is much more complicated than many people are led to believe. While there are some trademark matters that people can handle on their own, in most cases, having an experienced trademark attorney deal with trademark issues is the best option.
Trademark matters are not simply limited to registration and monitoring. There are other issues that a trademark attorney can handle for you.
Are you looking to register or file a trademark? Call Duke Law Firm, P.C. today at (585) 449-4987 or contact us online to schedule a meeting with our trademark application attorney in Livingston County!
There are a lot of things you can take care of on your own, like filing your taxes. However, just because you’re capable of doing certain things on your own, it doesn’t mean it’s your best option. Trained professionals handle certain tasks daily. Even then, it can take years for them to perfect their craft. An experienced trademark lawyer is someone who has perfected their craft. They have been through all the legal processes time and time again and faced every possible scenario. If there’s a legal pitfall that could trip up your trademark application, they know how to avoid it. If there’s a more efficient way to get the job done, they know it. They can maximize the benefits of your trademark while ensuring your rights and your ideas remain protected.
Trademark lawyers also allow you to avoid dealing with the trademark process and any related issues and instead focus on the reason you need a trademark in the first place: your business. While you’re handling day-to-day operations in your office, your trademark attorney will be taking care of everything related to your trademark.
The trademark application process can be complex and confusing. For instance, part of the process includes deciding which of the 45 International Classes you need to register your trademark under. Another difficult part of the trademark application process is handling Office Actions. Office Actions are how the USPTO communicates with trademark applicants and owners. In some cases, an Office Action is simply a request to clarify or amend your application. In other instances, an Office Action could be sent to notify you that your trademark has been rejected. Whatever the case, Office Actions need to be taken seriously, handled properly, and responded to quickly. If not, your trademark application’s status could be changed to Abandoned. An Abandoned trademark application is no longer pending, which means that it cannot mature into a registered trademark.
Registering a trademark isn’t just a matter of filling out an application and paying a fee. It is a detailed process that includes several decisions that require knowledge of and experience practicing trademark law. One slip up can lead to a trademark application being rejected. If that happens, the application will have to be refiled, which is expensive.
Before registering a trademark, a trademark clearance search must be performed. A trademark clearance search is designed to help you find out if there are already registered trademarks that are like the business slogan, logo, or name that you’re attempting to register. Trademark clearance searches are performed before you submit your trademark application to prevent you from submitting an application that is likely to be rejected by the United States Patent and Trademark Office (USPTO). Trademark attorneys have access to databases and tools that enable them to find similar trademarks that others would not be able to find, which can save prospective trademark owners time and money.
Once a trademark has been registered with the USPTO. The USPTO is not responsible for monitoring how it’s used in the marketplace. That responsibility belongs to the trademark’s owner. In many cases, trademark owners do not have the time or desire to monitor their trademark. However, it is extremely important to do so. Trademarks are valuable and are a representation of a trademark owner’s business and brand. They need to know if there are others out there using and profiting from their trademark, so they can stop them, prevent them from damaging their brand/business, and recover any profits that were made from using their mark (or recover any losses they suffered because of another’s misuse of their trademark).
This involves someone infringing on your trademark. Generally, sending the violator a cease-and-desist letter will stop them. However, in some cases, serious legal action must be taken to resolve the issue.
Mounting a defense against an infringement accusation is also a challenge trademark owners can face from time to time. In this case, you could be the one receiving the cease-and-desist letter. If you have a trademark attorney handling the situation, they can determine if the accusation is frivolous or has merit. In addition, they can let you know your rights and options, and guide you through the process of resolving the issue.
For over 25 years, the legal team at Duke Law Firm, P.C. has been protecting the rights of clients in in Monroe, Livingston, and surrounding Southern Tier counties.
One of the cornerstones of our firm is communication. We believe a solid attorney-client relationship starts with communication. That is why we make it a point to always keep the lines of communication with our clients wide open, including returning emails and phone calls immediately or as soon as possible.
We also believe that our clients deserve our respect and a fair deal. So, whenever possible, we offer flat fees. That way our clients know exactly how much they’re paying for our services upfront and don’t have to worry about hidden fees.