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Trademarks ®™

A federal trademark is often considered one of the most valued assets of a successful business.   In any industry, it requires a lot to build a brand name.  It takes ingenuity to figure out how to stand apart from competitors.  It takes thick skin to persevere against long odds.  It takes countless days of hard laborious hours to penetrate the marketplace.  It takes a collective sacrifice of money, time, energy, and luck to take a business from nothing to something.  Having a registered trademark is a critical tool for protecting this substantial investment.

A trademark is a security system for a brand name.  Trademark law exists to protect businesses from competitors who try to trick consumers into buying products or services by using confusingly similar advertisements that resemble other known and trusted brands.

Trademark rights can be used offensively.   U.S. trademark holders can utilize the power of the Federal court system to protect their turf.  Commonly, cease and desist letters can be sent to competitors using identical or similar sounding brand names to a trademark.  Such letters assert recognized rights belonging to the trademark holder, which can be backed by filing a claim in Federal court.  Ignoring meritorious letters can result in injunctive relief shutting down the competitor, along with substantial monetary damages.

Trademark rights are an appreciating asset.  The longer a business thrives in the marketplace, the more powerful the brand name becomes.  Owning a registered trademark on a successful business name is typically regarded as an asset that increases in worth over time.  Trademark rights can be assigned and licensed (akin to patent rights).  Owning an active trademark often provides strong leverage in out of court settlements in matters of trademark infringement and trademark dilution.

There are many nuances to the trademark process.  An experienced attorney can help you obtain a Federal trademark while avoiding common pitfalls.  Further, a trademark attorney with expertise can forecast with reasonable certainty whether or not your trademark is ascertainable, and more importantly, whether you are exposed to any liability for infringement on other owned trademarks.

The Law Office of Jeffrey Herman has experience in acquiring trademarks for clients.  With each new matter, we meticulously analyze the trademark name to determine whether there may be problems acquiring the mark.

Presuming favorable results, we will next prepare the trademark application for filing.  We work closely with clients to collect necessary information which we use for preparing the application in order to minimize unnecessary expenses and time delays which result from poor planning.  Once we are satisfied your trademark application is 100% accurate, we then file your trademark application and monitor your application throughout the entirety of the process.

The Law Office of Jeffrey Herman charges a reasonable flat-fee to research a new trademark name and to prepare, file, and monitor a new trademark application.

Start Your Trademark

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Trademarks We Have Gotten For Clients

Common Trademark Questions:

The Law Office of Jeffrey Herman charges a flat-fee of $595 to prepare, file, and monitor a new trademark application.   This fee includes:

  • Trademark consultation (phone, email, or in office)
  • Preparing and filing a U.S. Trademark Application with the USPTO
  • Monitoring the application from prosecution to allowance

Note: Clients are responsible for paying USPTO filing fees

Clean trademark applications typically take about 10 months from time of filing to allowance.   If there are complications, the trademark process can take longer.

An experienced trademark attorney can usually forecast from the onset how long the process will likely take.  The Law Office of Jeffrey Herman provides a time forecast during the initial assessment.

Trademark rights can last forever (so long as maintenance fees are timely paid). Maintenance fees are required to be paid periodically throughout the indefinite life of the trademark.

An Office Action is a term used to describe a correspondence from the USPTO to the applicant which sets forth reason(s) why the trademark application is being refused.   Reasons range between minor technicalities (such as a disclaimer requirement) to major obstacles (such as a likelihood of confusion).

Whatever the reason, the Law Office of Jeffrey Herman will forward any Office Action received on an applicant’s trademark application to its client and fully explain the reason(s) for the refusal and options for handling.  As a courtesy, there will be no additional charges for handling an Office Action that refuses a trademark application for a minor technicality.

If a competitor is infringing on your trademark, you have options.  A first option is to notify the competitor of the infringement and to make a demand that they cease immediately.  Depending on the severity of the infringement, it may be prudent to also demand compensation for the infringement.  A second option is to file a suit against the competitor for infringement and perhaps other violations.  In most circumstances, if you do not have personal experience in handling such matters, the best course of action would be to consult with an attorney who has experience handling such matters.  An attorney with expertise can evaluate your claim and lay out all available options before you so that you can make the best decision possible.

No.  The Law Office of Jeffrey Herman does not charge for an initial consultation.  To schedule a first time consult, please call (844) 454-3762 or send an email to jeffrey@jhermanlaw.com.