02. Trademark Registration
Trademark Registration with the USPTO
One of the most important things you can do to protect the identity of your brand is to get your trademark registered with the United States Patent and Trademark Office (USPTO). To apply for a trademark on your own without the assistance of an attorney is, however, a formula for disaster. Our legal team will guide you through the process of registering your business and will work to ensure that your legal rights are respected and safeguarded to the maximum degree possible.
The process of registering a trademark typically takes between eight and ten months, and there are very few ways in which the process can be significantly sped up. On the other hand, this is where we come in. Again, we will make sure that everything is completed correctly the very first time by guiding you step-by-step through the procedure.
Office Action Responses
An Office Action is a letter or document issued in response to a trademark registration application by an examining attorney at the United States Patent and Trademark Office (USPTO). It normally comprises an evaluation of the proposed trademark and any difficulties or objections that the attorney assessing the application has uncovered. Before a trademark can be registered, certain objections or concerns must be addressed.
Office activities may involve a variety of matters, including:
Likelihood of confusion: If the examining attorney finds that the proposed trademark resembles an existing registered trademark, they may issue an office action stating that there is a probability of confusion between the two marks.
Descriptiveness: If the examining attorney considers that the proposed trademark is overly descriptive of the goods or services with which it is associated, they may issue an office action on the grounds that the mark is insufficiently unique to function as a trademark.
Genericness: If the examining attorney considers that the proposed trademark is a generic name for the connected goods or services, they may issue an office action on the basis that the mark is insufficiently distinctive to function as a trademark.
Lack of use: If the examining attorney considers that the proposed trademark is not in use, they may issue an office action on the grounds that the applicant has failed to demonstrate use of the mark.
Administrative Issues: Formatting errors, incomplete or inaccurate data, etc.
The applicant is required to respond to the Office Action by addressing the points identified and providing any desired additional information or documentation. If the examining attorney is pleased with the response, the registration process will continue. Otherwise, the application may be refused or additional correspondence may be required.
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We work with clients all the time to usher them through the trademark registration process. Similarly, we also work with clients who are facing Office Actions and we strategize the best path forward.