Trademark Registration
Magnolia Law Trademark Attorneys
Want that ® registered trademark symbol?
The trademark symbol ™ is a mark that companies often use on a logo, name, phrase, word, or design that represents the business. The registered symbol ® represents a mark that is a registered trademark with the United States Patent and Trademark Office (USPTO).
People often think you can use the two interchangeably, but this is not the case. The trademark symbol actually has no legal meaning. You can use the symbol on any mark that your company uses without registering it. The most common use of the symbol is on a new phrase, logo, word, or design that a company plans to register through the USPTO. The symbol can indicate your intent to move forward with obtaining a legal trademark.
Why should I hire Magnolia Law instead of doing it myself?
Because, you’re not an attorney — stay in your lane! Hiring Magnolia Law is not only cost effective but we will give you our opinion on whether or not your mark can be registered and the odds of success in doing so. Then we will actually get it done for a reasonable FLAT FEE.
Also, if you’re not a U.S. citizen or U.S. company — a recent change in federal trademark regulations requires foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings to hire a U.S.-licensed attorney to represent them at the USPTO. This rule went into effect on August 3, 2019.
Contact Magnolia Law now to discuss our trademark registration packages and flat fee costs to register your trademark. Let us handle it!
What is involved in the registration process to obtain a legal trademark when you hire Magnolia Law?
Comprehensive USPTO database and common law conflict search. Free second search on alternative mark if needed!
Magnolia Law will e-mail you a legal opinion of the odds of success of your trademark.
Federal trademark application filed by a Magnolia Law attorney.
Attorney overturns non-substantive USPTO Office Actions for free.
Attorney researches, drafts, and files any legal brief that might be needed to overcome a substantive USPTO Office Action.
Application monitored throughout its lifetime.
Magnolia Law Attorneys available for your questions before and after filing.
How can Magnolia Law help me after I register my trademark?
After registration, you can contact our office to monitor the USPTO database for new applications that infringe on your brand. If necessary, we will draft and send a cease and desist letter to anyone infringing on your trademark rights. Thereafter, we can pursue filling an Opposition or Cancellation against a trademark application or registration.
A Trademark provides protection of a word, design, logo, symbol, tagline, or slogan. Trademarks are used to identify a particular manufacturer or seller’s products and distinguish them from the products of another.
Trademarks make it easier for consumers to quickly identify the source of a given good. Trademark law furthers these goals by regulating the proper use of trademarks.
While you still may have some common law protection if you are the first user and never filed an application, you still should contact Magnolia Law to properly register your trademark is the most efficient way to enforce your brand against possible infringers.
In order to serve as a trademark, a mark must be distinctive — that is, it must be capable of identifying the source of a particular good or product.
In determining whether a mark is distinctive, the courts group marks into four categories, based on the relationship between the mark and the underlying product: (1) arbitrary or fanciful, (2) suggestive, (3) descriptive, or (4) generic.
Because the marks in each of these categories vary with respect to their distinctiveness, the requirements for, and degree of legal protection afforded a particular trademark will depend upon which category it falls within.
Assuming that a trademark qualifies for protection, rights to a trademark can be acquired in one of two ways: (1) by being the first to use the mark in commerce; or (2) by being the first to register the mark with the U.S. Patent and Trademark Office. 15 U.S.C. § 1127(a).
Clearance search report
Analysis and risk assessment
Application
Applying to register a trademark with the USPTO begins a legal process. During this process, you must meet legal requirements and deadlines, and you must pay all required fees. Not all applied-for trademarks register.
If you have any questions about proper mark selection (one that is both federally registrable and legally protectable) or the benefits of federal registration, contact Magnolia Law today.
