Cutting-Edge Tech Meets Personal Service
At Venture we have combined the technology revolutionizing modern trademark practice with the individualized service you expect from a law firm. With our comprehensive trademark search, registration, and monitoring packages you will receive affordable, quick, and custom reports along with an attorney to walk you through every step of the trademark process.
The Trademark Process
1. Comprehensive Trademark Search
Before filing a trademark application, it is important to make sure that your proposed trademark is available for registration. Using the latest technology to speed-up the process, we will conduct a comprehensive trademark search to make sure your proposed mark is available for use. What’s the difference between a comprehensive search and the “knock-out” search you often see on sites promising quick and cheap trademarks? We check not only the U.S. Patent and Trademark Office TESS system but also do a common law search to locate other possible users of the mark who may not have registered (for a discussion of the difference between the two, check out this blog post). After we have completed the search, you will receive a written opinion detailing our results and a legal analysis.
2. Schedule a Phone Consultation
After you have received your search results, we will schedule a good time to talk them over with you. Unlike form banks or fully-automated services, you will have the chance to ask questions and plan out a strategy that makes the most sense for your business needs and your brand. In addition to going over your results, we will go ahead and describe the rest of the process and let you know where to go from here.
3. File the Trademark Application
If the search didn’t turn up any “confusingly similar” marks, we quickly gather the information necessary to submit your trademark application to the U.S. Patent and Trademark Office. There are applications if you are already using your mark as well as applications for marks you intend to use in the future. Once we have the information about the mark, your company, and your proposed or current usage we will draft a trademark application and, with your approval, file it for you.
4. Trademark Examination
Submitted applications are assigned to a trademark examiner. Trademark examiners are attorneys whose job it is to evaluate each and every application submitted. They will look through the trademark database for potential conflicts. As a standard, they look for marks that are considered “confusingly similar” with the proposed mark. If they find another similar mark, they reply to us with an “Office Action” that details their concerns and requests more information. This back and forth continues until the mark is approved for publication or given a final refusal, which can be appealed.
5. Publication for Opposition
After the trademark examiner has approved the mark, he or she issues a “notice of publication.” At this point, the mark is officially put out there for everyone to see and so that anyone with a possible objection to the mark’s registration can come forward. If a notice of opposition is filed, the dispute is moved to the Trademark Trial and Appeal Board (TTAB). If there is no opposition filed within thirty days, the mark is granted either a Certificate of Registration of a Notice of Allowance.
6. Receive Your Registration
Upon completion of the process a Certificate of Registration will issue and your trademark will be registered(you can, and should, use the symbol at this point). If you filed an intent to use trademark application, there are a few extra steps and you must file a Statement of Use to complete the process than if you submitted an actual use application. After your mark has been registered, you should monitor for possible infringement (learn more here) and you have to file specific maintenance documents to keep your registration live (learn more here).
Recent Trademark Articles
A trademark is used to differentiate the goods and services of distinct entity from its competitors. It can be a specific design, word, phrase, or any combination of these that informs the consumer that they are dealing with a specific company.
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