Trademarks — Is Your Business Goodwill Protected?

A trademark is a word, name, symbol or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and service marks.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same good or services under a clearly different mark. Trademarks that are used in interstate or foreign commerce may be registered with the U.S. Patent and Trademark Office ("USPTO") for nationwide protection.

How Long Does A Trademark Last?

Trademark rights may last indefinitely if the owner takes the proper steps to keep that mark active. To keep a federally registered trademark active, an owner must continue to use the mark on or in connection with the goods and/or services in the registration and files all necessary documentation in the USPTO at the appropriate times.

Are There Different Types Of Marks?

Yes, and the different types of marks are represented with different designations. Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the mark is registered, federally, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.

What If My Application Is Rejected?

An error or omission in an application will result in an "Office Action" from the U.S. Patent and Trademark Office. If your trademark application receives an "Office Action" from the USPTO, you may require legal assistance to properly respond to the issues raised by the Office Action. The Pagano Law Firm, LLC, specializes in trademark applications and can assist you with a proper response to the Office Action. Absent such a response, your trademark application may go abandoned, and you may lose your valuable trademark rights.

What Costs Are Involved?

There is a government filing fee of $325 per class of goods/services with any trademark application in addition to the attorney costs to prepare the application. Our flat fee of $595 includes the government filing fee, our fee to prepare the application and one Office Action response. Any additional Office Action responses would incur additional charges at our competitive hourly rate.

To arrange a free consultation today, call The Pagano Law Firm, LLC, at 484-441-6829 or send us an email. Our Delaware County lawyers return all calls within 24 hours.