how does attorney take over unrepresented trademark application

What happens when a trademark application is approved by the office?

The total cost of a trademark opposition can be anywhere from zero dollars to over $100,000. Yes, I know that’s a huge and scary range, but it’s the honest truth. There are many variables that affect the cost of pursuing or defending a trademark opposition, including: Whether you’re the opposer or the defendant.

What is a trademark examining attorney?

Contact us at (917) 268-7054 or [email protected]. Choose the reason why you would like us to take over your trademark application as the law firm of record. Our fee is listed next to the basis for rejection. All prices are comprehensive and have the filing fees built into them.

What does the trademark registration process look like?

Apr 02, 2020 · A trademark application undergoes vigorous review by a government attorney, called a trademark examining attorney, before a registration is granted by the USPTO. The attorney reviews prior registered trademarks and analyzes your trademark to judge whether the registration should issue.

What is an office action in a trademark application?

Feb 11, 2020 · In the event that your trademark has been abandoned unintentionally, you may be able to file a Petition to Revive. In order to qualify for this petition, though, you must be able to swear under oath that the lapse was unintentional. You will also need to file this petition within 60 days of the date the Abandonment Notice was issued (Not 60 ...

Can a lawyer file trademark application?

Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark.

Is POA mandatory for trademark registration?

Is it mandatory to file Power of Attorney while filing a Trademark application? It is mandatory to submit a Power of Attorney at the time of filing the application on behalf of an Applicant. The Power of Attorney needs to be simply signed by the Applicant (no legalization or notarization is required).Mar 6, 2018

How do I dispute a trademark application?

You may challenge a trademark registration issued by the USPTO by filing a petition to cancel the registration with the Trademark Trial & Appeal Board (TTAB).

What happens after a trademark is approved for publication?

After your trademark is approved for publication, your trademark is published in our weekly online Trademark Official Gazette. Your trademark hasn't yet registered. Publication begins a 30-day period during which any member of the public who thinks they'll be harmed by the registration of your trademark may oppose it.Mar 31, 2021

How do I get an attorney code?

Steps to create an account for Trademark e-filingSign up. ... Procure a Digital Signature Certificate. ... Enter Applicant Type and Code. ... Enter Proprietor Name. ... Create new party code if applicable. ... Proprietor Code Registration Form. ... Proprietor Code Generated. ... New user Registration Firm.More items...•Sep 4, 2020

Is Digital Signature mandatory for trademark registration?

A valid digital signature certificate is required to use the online filing system for trademarks, as The Information Technology (IT) Act of 2000 mandates the use of digital signatures on electronic documents to ensure their security and authenticity.

Who can oppose a trademark application?

Section 21 of the Trademarks Act, 1999, provides that any person can file a notice of opposition to the Registrar. This includes companies, individuals, trusts and partnership firms. Thus, any aggrieved third party can raise opposition to trademark registration.Aug 30, 2021

Who can sue for trademark infringement?

A registered user of a trade mark is the only entity which is recognised as having a right to institute lawsuits for infringement. Subject to an agreement with the registered proprietor, a registered user can institute a lawsuit in its own name (section 52, Trade Marks Act).Sep 1, 2017

On what grounds can you oppose a trademark?

The most common reasons for opposing a trade mark application is that: the trade mark is descriptive of the goods and/or services. that it is generic for those goods/services. it's non-distinctive and should be free for everyone in that line of trade to use.May 19, 2014

How do I know if my trademark is approved?

How to Check the Status of Your Trademark. It is fairly easy to check your trademark registration on the USPTO website, at http://tsdr.uspto.gov/. Enter your trademark serial or reference number on the Trademark Status and Document Retrieval (TDSR) page to receive the status of your pending and registered trademarks.

How long does it take to publish a trademark application?

30 to 60 daysThe USPTO typically publishes a trademark application 30 to 60 days after the date it is “Approved for Publication.”

How long after publication is a trademark issued?

USPTO registers your trademark. Within about three months after your trademark publishes in the Trademark Official Gazette, if no opposition was filed, we register your trademark.Jan 10, 2019

Why is it important to register a trademark?

Here are three of the top reasons that obtaining a registration your trademark is important: 1. Registration provides public notice of your trademark. A federal trademark registration puts others on notice that your brand exists and is protected across the United States.

How much does it cost to register a trademark?

When filing an “IN USE” trademark application: If your mark is already in use at the time of the trademark filing, your total cost of registering a trademark will be the flat legal fee of $950 + US Government filing fee of $350 per class (assuming a single-class application) = $1225 .

What is a state trademark?

A state trademark registration allows protection of a mark used only within that state. Alternatively, choosing not to register your mark at all also severely limits the geographic scope of the protection to which you’re entitled.

How long does it take to get a trademark?

The process to obtaining a registered trademark in the United States typically takes about 8-10 months from start to finish. Once an initial trademark application is filed, it will take about three to four months for the USPTO to initially review your application. This step of the process consists of an attorney that works for the USPTO ...

What is trademark registration certificate?

Therefore, a trademark registration certificate is a powerful document that gives the holder a presumption of national validity over users of non-registered trademarks.Not every word or phrase used by a company is a trademark. However, with a federal registration, you are presumed under the law to own a protectable trademark.

Can a third party oppose a trademark application?

During this “publication” period, any member of the public (or another company) can oppose your trademark application. Therefore, even if the USPTO has approved your trademark application, a third party may feel they could be damaged by the eventual registration of your trademark and oppose your application during the publication period.

How to revive a dead trademark?

When beginning the trademark registration process, the first thing you should do is conduct a comprehensive trademark search (learn about how to conduct a search) to learn the status ...

How long does it take to revive a trademark?

In some cases, it is possible to revive a dead trademark. If your trademark has fallen into ‘dead’ or ‘abandoned’ status unintentionally, you may petition the USPTO within 60 days of the Notice of Abandonment. After the 60 days have lapsed, or if you cannot document the abandonment was unintentional, you will need to file a trademark application ...

Why do trademarks die?

Another reason for a trademark to become dead is that the owner failed to renew the mark. The USPTO requires that a registered trademark be renewed by certain dates. For new trademarks, owners will need to renew between the fifth and sixth year, and then again between the ninth and tenth year. After that, trademark owners will file renewals every ...

How many trademarks does Gerben Law Firm have?

Gerben Law Firm has registered over 4,500 trademarks since opening our doors in 2008. We work with clients from all 50 states, and, from 30+ countries around the world. Contact us today for a free consultation with a trademark attorney.

Who is Josh Gerben?

Josh Gerben, Esq. is the founder and principal of Gerben Law Firm. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 5,500 trademarks. The contents of this blog are for informational purposes only and may not be relied on as legal advice.

Can a trademark be used in commerce?

If the original owner of the trademark is still using it in commerce, regardless of USPTO status, then they may still maintain some trademark rights. A broader search is often necessary, to check the business’s website, products, and social media to see if the mark is still being used.

How long does it take to respond to an office action?

An applicant is usually then given 6 months to respond to the Office Action.

What is the official gazette?

The Official Gazette is a weekly publication from the Trademark Office that serves to give notice to the public that a trademark application is about to be registered. Such public notice allows third parties or other companies to come forward and dispute any trademarks that they feel would infringe upon their rights.

How long do you have to keep a trademark?

Answer: Between the 5th and 6th year following registration, you have to file a maintenance document with the USPTO to keep your trademark alive. Between the 9th and 10th year following registration, you have to file a renewal for your trademark.

What is JPG legal?

JPG Legal is a law firm specializing in U.S. trademark conflict-checking and registration through affordable, flat-fee packages that can be purchased online by clients based anywhere in the world. We’re the law firm of record for over 2,000 successful U.S. trademark registrations.

What does the TM symbol mean?

The TM symbol simply means that you consider yourself to have “common law” rights to your trademark, and it has very little legal significance.

Is an international company required to use a US attorney for US trademark applications?

Yes, the USPTO requires all international companies (i.e., domiciled in a foreign country) to use a US attorney to file or otherwise prosecute trademark applications. This rule applies to Office Action responses, trademark registration renewals and maintenance, and TTAB trademark oppositions and cancellations.

How much does a simple Office Action response cost?

If you are a foreign applicant looking for a US attorney to respond to a trademark Office Action, our firm offers flat rates for both complex and simple Office Action responses. We consider an Office Action to be simple when there are no registration refusals or requested disclaimers against which we need to argue.

Can a US patent attorney also be a trademark attorney?

Yes, many US patent attorney s also practice trademark law. In the US, a patent attorney must be licensed by the USPTO to prosecute patent applications on behalf of others. So a US patent attorney must pass two bars:

How long does it take to get a trademark?

The whole thing from filing to registration typically takes at least a year. Sometimes two, or even longer in some cases. If you think you might need to have a registered trademark in, let's say, 6 months, you are already at least 6 months behind.

Is trademark registration easy?

Filing for your trademark registration isn't that simple but the whole process gives you a big advantage over most business owners who don't realize the importance of securing their brands.

The Date of Filing

See more on secureyourtrademark.com

Overview of The Registration Process & Timing

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