US Trademark and Intellectual Property

US trademark registration attorney

Our Miami-based trademark attorney can guide you through the US trademark registration process, safeguarding your brand identity and securing exclusive rights.

The US federal government protects four types of intellectual property: trademarks, patents, copyrights, and trade secrets.

Our experienced trademark attorney can help protect your brand in the US market and other intellectual property, including artistic works.

We offer a cost-effective way to protect, nurture and grow your business.

What is a Trademark?

A trademark is a distinctive sign, symbol, brand name, word, phrase, logo, or design that identifies and distinguishes the source of goods or services. It’s a valuable asset that protects your brand identity and reputation. A trademark owner has exclusive property rights to their brand. This means they can prevent others from using similar marks that could confuse consumers.

Trademark protection typically lasts as long as the mark is actively used and defended against infringement.

To gain nationwide protection for your trademark in the US, you must register your trademark with the U.S. Trademark and Patent Office (USPTO).

Why Register Your Trademark?

Understanding Trademark Protection

To protect your brand in the United States, trademark registration is crucial. In the United States, you can register your trademark at both the federal and state levels.

A state-registered trademark offers protection only within the specific state. It doesn’t provide nationwide coverage, so unauthorized use in other states may occur. While states generally follow International Trademark Association guidelines, specific protections and application processes can vary. You can register your trademark at the state level by filing an application with the respective state’s trademark office.

Unlike state-level registration, federal trademark registration with the USPTO offers nationwide protection, safeguarding your brand from unauthorized use across the United States and its territories, including Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands.

Federal trademark registration provides nationwide protection and gives you access to the Trademark Trial and Appeal Board (TTAB) for resolving trademark disputes.

For Florida and US trademark registration you can contact our trademark attorneys or book a consultation.

Both domestic and foreign businesses must follow a comprehensive application process with the USPTO to register a trademark for goods or services used in the United States. For foreign applicants with established brands or seeking to expand into the US market, federal registration is crucial to protect their intellectual property rights in the US.

Our experienced US trademark attorneys can assist you with both Florida state and federal trademark registration, ensuring your brand is well-protected in the United States. You can request USPTO trademark registration directly from our website or contact us.

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Foreign Applicants Require US Trademark Attorney Representation

If you’re a foreign business or individual looking to register a trademark with the USPTO, you must be represented by a licensed US trademark attorney. This requirement ensures compliance with US trademark laws and regulations.

Since August 3, 2019, all foreign-domiciled trademark applicants, registrants, and parties involved in USPTO proceedings must be represented by a US-licensed attorney.

This requirement applies to all USPTO trademark applicants, registrants, and parties whose permanent legal residence or principal place of business is outside the United States.

If you’re a foreign applicant seeking to register, renew, or defend a trademark with the USPTO, you must be represented by a US-licensed attorney. This requirement applies even if you filed your application through the Madrid Protocol and World Intellectual Property Organization (WIPO).

The USPTO trademark registration process involves several key steps, including determining the appropriate type of protection, preparing and filing the application, and obtaining the registration certificate.

How to Register a Trademark with USPTO

The steps to register a trademark with USPTO are:

1. Choose Your Trademark

Before registering a trademark, you must determine the desired level of protection. Not all marks qualify for legal action against similar marks on related goods or services.

2. Identify Goods or Services

The filing basis determines the legal foundation for your USPTO trademark application. Common bases include use in commerce, intent-to-use, foreign registration, and foreign priority. A US trademark attorney can help you select the appropriate basis.

3. Conduct a Trademark Search

Before filing a trademark application, conduct a thorough search for similar trademarks of the USPTO database to identify any existing similar trademarks. This will help you avoid potential conflicts and strengthen your application.

Our experienced trademark attorneys can conduct in-depth trademark searches, identifying potential risks and providing strategic advice to maximize your chances of successful registration.

4. Prepare and File the Trademark Application

Once you’ve conducted a comprehensive trademark search, you can file your application electronically through the USPTO’s TEAS system. Filing fees vary based on the number of marks and classes, and additional fees may apply for attorney services.

A US trademark attorney can assist you with preparing and filing your trademark application, navigating the TEAS system, and understanding the associated fees.

To find out more about the trademark filing fees and payment schedule, please visit trademark fee information.

5. USPTO review of trademark application

Once you’ve submitted your trademark application with USPTO, the USPTO verifies that your application meets minimum filing requirements, assigns an application serial number, and the application is forwarded to an examining attorney. The trademark is listed in the Trademark Principal Register while pending USPTO review.

This process can take approximately 6 months but you can visit USPTO for current trademark processing times.

After, the trademark application is assigned to a USPTO examining attorney who will evaluate its compliance with trademark laws.

After review, the examining attorney will determine if the trademark application meets all applicable legal requirements. It is important to check trademark application status every 3-4 months after the initial filing of the application not to miss a filing deadline.

You can check the status of your trademark registration using your US serial, registration or reference number. To track the progress of your application, use the Trademark Status and Document Retrieval (TSDR) system. Check your application status regularly, especially after receiving an Office Action, to ensure timely responses. Visit check status for more information.

If the examining attorney identifies any issues, they will issue an Office Action outlining the specific deficiencies. You or your attorney must respond within six months to address these issues or otherwise your application will be denied as abandoned.

6. Publication for Opposition

Once the USPTO examining attorney approves your trademark application, it’s published in the Official Gazette. This publication period allows third parties to oppose your registration if they believe it infringes on their rights.

Opposition Period:

International Applications (Madrid Protocol):

For trademarks filed through the Madrid Protocol, the USPTO will certify the application after the 30-day opposition period and return it to the International Bureau (IB) for final examination.

7. USPTO Trademark Registration Certificate

Once the opposition period has passed without objection, the USPTO will issue a registration certificate approximately 11 weeks later. This certificate confirms your exclusive rights to use the trademark in the United States.

Post-Registration Responsibilities:

While trademark registration provides significant protection, it’s crucial to actively monitor and enforce your rights. Remember, US trademark registration doesn’t extend to other countries. To secure international protection, you’ll need to file separate trademark applications in each desired country.

Contact us, your experienced US trademark attorney to assist you with your US trademark application and US trademark registration before USPTO. 

Patent

A patent protects an invention and grants a property right to the inventor

In the United States, a business or individual (patent owner) can file for patent protection with USPTO. Patents allow their owner to determine who can make, use, or sell an invention. The USPTO issues a new patent for a 20-year term from the date on which the application for the patent was filed with USPTO, or in special cases, from the date an earlier related application was filed. The patent protection extends only within the United States and its territories.

Patent attorneys must be registered to practice in patent matters before USPTO.  

Copyright

A copyright protects original works of authorship 

A copyright protects “original works of authorship” including literary, artistic, musical dramatic, and other intellectual works, both published and unpublished. The protection runs from the time the works are created in a fixed form.

Copyrights provide their owner with the ability to determine who can reproduce or distribute a work, publicly perform and display a work, or prepare derivative works. It is not required to register a copyright in order for the work to be protected.

However, registering the copyright provides benefits, including a public record of the copyright claim, evidence of the validity of the copyright, and the possible recovery of damages and costs in successful copyright infringement litigation. Generally, the term of a copyright is the life of the author plus 70 years after the author’s death.

An application to register a copyright in the United States can be submitted online to the U.S. Copyright Office. To register your work with U.S. Copyright office contact our attorneys or book a consultation.

Trade secrets

Trade secret protection is a complement to patent protection

Trade secrets refer to ownership of information that gives the business a competitive edge over its competitors and can include a formula, method, devise, program, technique, process, compilation or others.

Trade secrets are not as popular as trademarks, patents, and copyrights, but the United States provides trade secret protection as a member of the World Trade Organization (WTO) and a signatory party to the Agreement on Trade Related Aspects of Intellectual-Property Rights (TRIPS). In addition, the United States provides a federal civil cause of action for disputes involving trade secrets under the Defend Trade Secrets Act of 2016.

Trade secrets are further protected at state level and while state laws differ, all U.S. states have adopted a form of the Uniform Trade Secrets Act.

In order to protect trade secrets, courts can enjoin misappropriation of trade secrets, order parties to maintain secrecy of trade secrets, order payment of royalties to the owner, and award damages, court costs and reasonable attorneys’ fees.

Need Assistance with US Trademark Registration?

Our experienced Miami trademark attorneys can guide you through the entire US trademark registration process, from initial application to post-registration maintenance.

Our services extend to trademark searches, risk assessments, and opinion letters. We also assist clients in securing global trademark protection through the Madrid Protocol.

We serve individuals and companies throughout the United States across all 50 states, the District of Columbia and Puerto Rico.

Contact our trademark attorney today to protect your brand or schedule a consultation.

Malescu Law P.A. – Trademark Lawyers