A trademark is a brand name. Generally a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, a trademark identifies and distinguishes the source of the goods of one party from those of others.
The filing of a trademark application begins a legal proceeding which involves complex legal requirements and strict deadlines. Prior to filing a trademark application, the Formation Law Group will conduct Trademark Clearance searches for potential problems with your use of a proposed mark and counsel you regarding use of the mark and whether to file a trademark application. Once your trademark is successfully registered, the Formation Law Group will continue monitoring your trademark against infringement
Before you can register your trademark, it's prudent to make sure it does not infringe on any other registered trademarks. This is a critical stage that can save your application from being denied. The Formation Law Group will conduct comprehensive U.S. and, if necessary, foreign trademark searches to ensure the success of your trademark application. Following the search, your dedicated trademark attorney will follow up by discussing the search results and explaining their prosecution history. This information is invaluable because knowing if a problematic mark has received an office action or is about to be issued could impact the adoption of your trademark.
Registering your trademark offers several advantages, including notice to the public of the registrant's claim of ownership of the mark, legal presumption of ownership nationwide and exclusive right to use the mark on or in connection with the goods/services listed in the registration. Following a successful Trademark Clearance Search, the Formation Law Group will work with you to prepare the trademark application and file it with the U.S. Patent and Trademark Office and advise you on the likelihood of success in the registration process.
Prior to the end of the sixth year of registration, but as early as the beginning of the fifth year, the Formation Law Group will file your affidavit of continued use with the U.S. Patent and Trademark Office. This affidavit ensures the continued protection of a trademark which may otherwise be automatically cancelled. Subsequently, before the end of the tenth year, but as early as the ninth year from the registration date, we will file an application for renewal and a declaration of use in accordance with Sections 8 and 9 of the U.S. Trademark Act. This application will save your trademark registration from being expired.
For an even stronger application, the Formation Law Group offers the option to combine the Section 8 declaration with an affidavit under Section 15 of the U.S. Trademark Act to obtain certain valuable “incontestable rights.” An incontestable registration is conclusive evidence of the validity of the registered mark and of the registrant’s exclusive right to use the mark in commerce. This filing is highly recommended as it has several advantages in the event of litigation involving your trademark registration.
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