The USPTO Review Process

The USPTO Review Process

What’s in a name?  Branding tells a story, and it provides a way for your customers to find a specific company.  I help eliminate the confusion as those customers are looking for their favorite business.

When registering a brand, the second step is a review by the United States Patent and Trademark Office (aka, the government).  This review occurs about 9 months after an application has been filed, and you have 6 months to respond to any comments.  And there will be comments—that’s part of how the USPTO grades its examiners.

Shannan called me after her client received a complicated set of comments from the USPTO.  She knew that I had the experience to decipher their jargon and chart a path forward, and that I knew what the latest “hot issues” were with the USPTO.  I helped her client get past those issues.

You are thinking about using LegalZoom for filing your own trademark application.  Filing the application may look easy, but how will LegalZoom help you respond to the comments that are sure to come?  I know how to map a smooth journey for your road to registration.

The US Trademark Application Process

The US Trademark Application Process

What’s in a name?  Companies use their name to help them stand out from their competitors.  I can help your company register its name so you can push back when someone uses a similar name.

There are 4 steps to registering a brand, starting with filing an application.  This step is the quickest, mainly because there is no government delay.  I can use the results from the search to craft a combination of the brand and items sold under the brand that will maximize the available protection for your company.

A recent client was concerned that competitors would begin using similar brands to attract their customers. I explained that I could enhance their brand rights by registering the brand, thus giving them a big stick to swing if the competitors did start copying their brand.

Your company just got a new brand and are starting to promote it like crazy. You obviously used that great brand agency I recommended. Do you want your brand to remain unique? I know the other brand agencies will try to mimic your brand when serving your competitors. Your current rights are weak; I can file an application that will move you towards enhancing the rights in your brand.

How Long does Registration take?

How Long does Registration take?

What’s in a name? Registering your brand is the most cost-effective way to ensure you can use it as you plan. I’ve helped hundreds of companies register thousands of brands in my career. I’m often asked how long the process takes. The short answer today is at least a year, but there have been times in which you could complete the process in 6 months.

I’ve told you that I love playing games, and this is one area that is ripe for game-playing. While some clients want a registration ASAP, others have situations that make them want to stretch out the process for years.

Mike worked for the man but planned to open his own home inspection company once he saved enough money. We locked down his brand today but will keep the application open for up to 5 years while he saves money to start his business.

Your neighbor is using his business to secure a loan and was told he needs a trademark registration today. While I can’t give him that, I can get an application on file, and provide the bank with a serial number and a legal assessment of his rights. Let him know that I won’t play around.

Legal Protection from Trademark Registrations

Legal Protection from Trademark Registrations

Have you heard of the Commerce Clause? This part of the Constitution grants the government the ability to regulate business activity, and I know how to use it to make the government protect your interests. Registering your brand gives you certain rights, including presumptive rights to use your brand throughout the US, presumptive right of ownership and putting others on notice of your rights.

Bob ran his flooring company from one location for years. He wanted to grow, and needed a way to lock down his rights in his brand in all 50 states. We registered his brand to make sure he had nationwide rights, which gave him the security in his brand he needed to grow as he planned.

Your most loyal customer is going through a change. She lost 15 pounds, wears flashier clothes and bought a sports car. She also updated her staid brand. Ask her if she is planning to grow her business, and let her know I can help her ensure her brand is ready for the ride.

Make the Government Work For You

Make the Government Work For You

Owners want their business to be worth as much as possible.  They want to increase value and decrease risk.  I can use trademark law to accomplish both.

Many people say that the government doesn’t do much for them.  This can change by registering your brand.  Suddenly, your rights are recorded in the database maintained by the US Patent and Trademark Office, the main source searched by companies looking for new brands.  Also, the USPTO reviews this database when they review new trademark applications, and they refuse applications which may be confused with your rights.  Finally, this registration converts your brand into a recognized asset that can be sold, leased, borrowed against, etc.

Chef Esco makes the best pie ever.  He promotes his brand and customers now identify this brand with his excellent pie.  I helped him register this brand and he borrowed money using the registration as collateral.  The bank knew this registration was a solid asset.

Introduce me to your friend looking to grow.  I can show him that the answer to acquiring capital is literally hanging in his store window.