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Trademarks

Trademarks are more likely to be registered when an attorney rather than an untrained, non-attorney files the trademark application.  Hiring or using a trademark attorney, however, is not required or essential.  In fact, hiring an attorney or an online service to file an application on your behalf often leads to misunderstandings or miscommunications.  We believe that when properly trained,  a non-attorney can be more successful than an attorney or an online service.

Common grounds for rejecting a trademark application are:  selected trademark is not registerable  (i.e., selecting a trademark is considered descriptive, scandalous, disparaging,  uses the name of a living U.S. President, or likely to cause confusion with a mark listed in a prior-filed pending trademark application or registration); the application document requires amendment of the description of the goods/services;  amendment of the international class; or a substitute specimen is needed. However, if the trademark filer knows how to select a trademark, complete the application, and select a suitable specimen, the success rate should be relatively high as an experienced attorney.  

For a flat fee of $295, we can show you how to select a trademark, complete and file a federal trademark application, and select acceptable specimens.  Talk to one of our trademark navigators if you have questions. 

If you filed a federal trademark application and receive a communication from the USPTO citing defects in the application, don't panic.  Many defects can be easily resolved. 

 

Send us your email address and your application’s serial number (the eight-digit number that begins with 9xxxxxxx), and a trademark navigator will  review and contact you to discuss.  

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