If You Don’t Understand Your Rights, You Will Lose Them.

Failure to understand your intellectual property rights — that is, your rights as to your brands and creations — will cost you money and make it hard for you to protect what you create. When you don’t know how to identify and defend your rights, you’re putting your business at risk!

Knowledge is Power.

Get Some.

 

Trademark Doctor offers comprehensive wellness care for your very important brands.

Trademark Law Videos

The video library contains a wealth of information about trademark law, trademark usage, and trademark strategy.

Trademark Law FAQs

Got a trademark law question? You’ll likely find the answer in our frequently asked questions section.

Trademark Law Services

Our services help business leaders develop, protect, and monetize their valuable brands.

Trademark Law Process

Journey with us through the whole life cycle of a trademark, from brand conception to brand maintenance and usage.

What Angela’s Clients Say

Our Six Step Trademark Process

Step 1: Is Your Proposed Mark Available?

Step 1: Is Your Proposed Mark Available?

The first step in our Six Step Process is to evaluate whether your proposed mark is available for use. We check not only the Trademark Office Official TESS database, but also do an online search to locate other possible users of the mark who may not have registered their mark with the U.S. Patent and Trademark Office.

Step 2: File the Trademark Application

Step 2: File the Trademark Application

If we find no “confusingly similar” marks, then we gather the necessary information to submit your trademark application to the U.S Patent and Trademark Office. We need to know things like how long have you been using the mark, what goods or services you’ve been using it on, and who will own the mark. We also collect an example — called a “Specimen” — proving your use of the trademark, if you’re already using it. If you’re not using it yet, we can save this bit for later.

Step 3: Trademark Examination

 

Step 3: Trademark Examination

After your application is submitted to the U.S. Patent and Trademark Office, it’s assigned to a Trademark Examiner. Trademark Examiners are attorneys who evaluate every trademark application submitted. They examine the Trademark Database for possible conflicts for submitted applications. If an Examiner finds another mark in the database which is “confusingly similar” (the most common objection) they reply to us with an Office Action that details the issue and invites us to respond on the client’s behalf. This process continues until the mark is approved for publication in the Official Gazette or given a final refusal. Final refusals can be appealed.

Step 4: Publication for Opposition

 

Step 4: Publication for Opposition

After the Trademark Examiner has approved the mark, he or she issues a “Notice of Publication” in the Official Gazette, which is a weekly publication of the U.S. Patent and Trademark Office. This Notice tells us when the mark will be shown officially to the rest of the world, so that anyone with an objection to the mark can file a Notice of Opposition. If a Notice of Opposition is filed, the dispute is moved to the Trademark Trial and Appeal Board (TTAB) for adjudication. The TTAB is an administrative body that hears trademark disputes. The proceedings are like a trial, except there are generally no oral arguments. If no Opposition or Extension of Time to File Opposition is filed within 30 days of publication in the Official Gazette, the mark is granted a Certificate of Registration or a Notice of Allowance.

Step 5: Issuance of Registration Certificate or Notice of Allowance

   

Step 5: Issuance of Registration Certificate or Notice of Allowance

If you are using your mark already, and have proven use in commerce, then the U.S. Patent and Trademark Office (USPTO) will issue you a Certificate of Registration about 3 to 4 months after the mark was published (assuming, of course, that there was no Opposition filed). If you haven’t started using your mark yet, the USPTO will issue you a “Notice of Allowance” 3 to 4 months after publication. Now you have up to 6 months to prove your use of the mark. If you can’t show use in 6 months, you can file an Extension or you can abandon your application. Did you get your Certificate of Registration? Congratulations! Now you’re official, and you can use the “®” symbol with your mark rather than the “™” symbol.

Step 6: Trademark Commercialization and Enforcement

 

Step 6: Trademark Commercialization and Enforcement

You went through months of trouble to get your mark, now it’s time to use it. But how do you know that you are using your mark properly? Are you making mistakes that could cost you your trademark rights? The good news: We’re here for you, every step of the way. We offer comprehensive care for your portfolio of valuable trademarks, to ensure that you are using your brands properly, protecting your property against naughty infringers, and monetizing your brands to your maximum advantage. We track your renewals, remind you of upcoming deadlines, send cease and desist letters to infringing parties, and draft license agreements with your chosen partners. We also help your team know the difference between proper brand use and use that can get you in trouble down the road. TrademarkDoctor is here for you, for the life of your brands!