how to keep attorney name off trademark registration

Do I need a lawyer to register a trademark?

To update attorney address or bar information, if one is appointed, or change owner or domestic representative information, the current attorney of record must sign. To appear for the first time on behalf of a pro se owner, the new attorney must sign. The new attorney must provide their name, postal address, email address, and bar information.

What happens if a trademark is not registered?

Sep 16, 2021 · To determine whether you’re required to have a U.S.-licensed attorney, you must provide and keep current your domicile address in trademark filings. Even if you’re not required to hire a U.S.-licensed attorney, consider whether or not you should. Be ready to act as your own attorney if you don’t hire one.

What should a owner of a registered trademark do?

A party opposing registration can, after the first 30-day period, either: request an extension of 30 days (granted upon request), followed by a second request for a further extension of 60 days (upon a showing of good cause), followed by a final further extension of 60 days (upon stipulation or written consent of the applicant), or.

How do I remove a trademark from the Principal Register?

Thus, using a trademark attorney not only grants you peace of mind, but also helps to ensure that you are not subject to a premature loss of rights to the mark. Perhaps most importantly, we can provide you with legal trademark advice when necessary. We can help you on the selection of trademark and how best to use your trademarks on your ...

How do I trademark my legal name?

Registering a trademark helps protect a name or brand from intellectual property theft or misuse as a business grows. You can start the trademarking process on the U.S. Patent and Trademark Office's website. The application can be completed fairly quickly, but the entire process may take several months.Mar 25, 2022

How can I change my trademark attorney in India?

An application to change the counsel or address for service of a pending or a registered trademark can be made through the following respective forms:Pending Trademark: Form TM-M (CORRECTION OF CLERICAL ERROR OR FOR AMENDMENT U/R 37) ... Registered Trademark: Form TM-P (ALTER OR SUBSTITUTE OF ADDRESS FOR SERVICE IN INDIA)

Can you trademark someone's legal name?

The U.S. Patent and Trademark Office can register an individual's name as a part of a trademark; however, it only grants protection to names that are extensively utilized in commerce or ones that are distinctive. Logos are protected to established names that identify a product or company from other competitors.

How do I get a trademark attorney Code in India?

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

How do I change my trademark attorney?

Change of legal counsel: When the trademark owner decides to change his/her legal counsel/trademark agent, then a request is made to the trademark office to record the change in the legal counsel/trademark agent. This is generally known as the request to change in the address for service in India.

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.

Can you trademark a name without a business?

You can't register a trademark for non-business purposes. You can only trademark a brand name that you're using in business or that you intend to use in business in the near future. You can't register a generic or descriptive name. Your trademark name has to be distinctive or unique in some way to be approved.Nov 16, 2020

How do you protect a name?

Trademark. A trademark can protect the name of your business, goods, and services at a national level. Trademarks prevent others in the same (or similar) industry in the United States from using your trademarked names.

What if someone has trademarked my name?

If someone else has already registered your trademark, you'll be unable to register the mark. However, trademark protection is not absolute. If you can show that you used the trademark prior to the registration of the other trademark, you may still own the mark. You can't simply notify the trademark office, though.

Who can trademark attorney?

Who is qualified to become a Trademark Attorney in India? Anyone who is above 21 years of age, a graduate of any institute in India or has equivalent qualification. Such person must also clear the examination provided under Rule 148.

How do I get a trademark attorney Code?

For generation of Attorney code, an advocate required to send his details (name, DoB, Address, email, mobile No., place of practice) with registration certificate to practice as an advocate by submitting their details vide comprehensive e-filing for generation of attorney code.

What is trademark attorney in India?

A trademark attorney is someone who has is an expert in matters relating to trademark laws, designs and practices. He provides legal advice and assistance in fields relating to trademark laws and other laws relating to IPR (Intellectual Property Rights).

Why are trademark fees higher?

If you hire an attorney, be aware that your application fees will remain the same, but your overall costs of filing a trademark application will be higher because you’ll also have the cost of your attorney’s services.

What are the benefits of hiring an attorney?

Benefits of hiring an attorney include: Providing you crucial legal advice about your trademark. Conducting your trademark clearance search before you file an application. Preparing your application accurately. Responding to legal correspondence from the USPTO. Enforcing and maintaining your trademark rights.

Does hiring an attorney save you money?

However, in the long run, hiring an attorney may save you money because an attorney will know how to best advise you on your trademark’s registrability, prepare your application, and respond to the USPTO on various issues that might arise throughout the process.

Do I need an attorney to trademark?

Not everyone is required to have an attorney. If you are a foreign-domiciled trademark applicant or registrant, you must have a U.S.-licensed attorney represent you. If you’re domiciled in the United States, you’re not required to have an attorney.

What happens if a mark is a certification mark?

any time, if the mark is a certification mark and it is being misused (for instance, the registrant no longer exercises control or the registrant begins to manufacture goods subject to the certification). Marks proposed for placement on the Supplemental Register are not published for opposition. If a party believes that a mark's placement on ...

What is concurrent registration?

register the opposed mark or marks of persons who are found to be entitled to ownership, or. order concurrent registration of marks along with conditions or restrictions on their use designed to prevent consumer confusion in the marketplace.

What is the meaning of "refused to register the opposed mark"?

refuse to register the opposed mark (in an opposition case) cancel the registration of a mark or place restrictions on its use (in a cancellation case) refuse to register any mark, or some or all of several marks (in an inter-ference case) register the opposed mark or marks of persons who are found to be entitled to ownership, or.

How long does it take to oppose a trademark?

The opposition must be in writing and be filed within 30 days of the proposed mark's publication in the Official Gazette. The U.S. Patent and Trademark Office (USPTO) ...

How long does it take to get a trademark extension?

The U.S. Patent and Trademark Office (USPTO) may grant extensions of the 30-day period upon written request. Under rules promulgated by the Madrid Protocol, if a party wants to oppose a trademark registration, the period for filing an opposition cannot be extended more than 180 days from the date the application was published.

Can a mark be placed on the Supplemental Register?

Marks proposed for placement on the Supplemental Register are not published for opposition. If a party believes that a mark's placement on the Supplemental Register may cause it harm, the party may file an application with the USPTO to have the registration cancelled. (15 United States Code, Section 1092.) When a petition for opposition ...

Does a trademark registration that is cancelled affect the right of the owner to challenge other users of the mark?

The fact that a mark's registration is cancelled in no way affects the right of the mark's owner to challenge other users of the mark on the basis of first use. But as long as the mark remains unregistered, the owner will not be entitled to the benefits of registration should a trademark infringement suit become necessary.

What is a trademark?

A trademark identifies your goods and services to your customers. It can be a logo or a name as long as it is distinctive and connects the product to your business. The only requirements are that you are using it in commerce and that it is not so similar to someone else's trademark that customers could be confused.

How to use a trademark in commerce?

The easiest way to use your trademark in commerce is to label the goods that you sell. Nothing fancy is needed, labels made on your printer will suffice as you are getting started. Other uses to go along with your labels are business cards, flyers, signs, uniform patches, and display on your website.

What is a specimen in trademark application?

The specimen is a JPG file that can either be a photo of your product showing the trademark or a digital file of a tag, label, packaging, or sign.

What is a stylized mark?

Stylized marks are groups of one or more words done in a fancy font or other graphic representation. If you want "Grandma Mary's Supreme Fudge" in a fanciful font or in color, it will be a stylized mark. You will need to create an image file of your stylized trademark in JPG format to submit with your application.

How long does it take for a trademark to show up on a trademark application?

Track your application status. It may take up to a week for your application to show up in the Trademark Status & Document Retrieval System (TDSR). Once it is active, you will be able to track the status of your application.

How long does it take to file an objection to a trademark?

This is notice to the public that you are claiming the trademark. Opposition to your registration must be filed within 30 days of publication or any extension allowed by the USPTO. If someone files an objection to your trademark, consult with an attorney about your options.

How long do you have to file a specimen of actual use?

In theory, you may have more than three years in which to file your specimen of actual use, but the extension fees start to add up after the first six months from notification that your application was "allowed". ...

Do You Need to Hire an Attorney to Federally Register a Trademark?

No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO). That being said, you really ought to hire an attorney if you can afford one.

Why Hire an Attorney if One is Not Needed?

The first reason is that we attorneys tend to be really good at this law stuff. Consider the reason why you are reading this webpage.

A Video Explanation from the U.S. Trademark Office

The USPTO has created a brief (eleven-minute) video that explains the role of the trademark office and some of the assistance that can be provided by a trademark attorney. The video is embedded below, and can also be found on the USPTO's own site.

How often do you need to renew your trademark?

To maintain your trademark registration, remember: Don’t miss a renewal filing deadline. The first renewal is due between the 5th-6th year after the registration date. The second renewal is due ten years from the anniversary of the initial registration date (9th-10th year). Following the second renewal, the registration must be renewed every ten ...

What is trademark law?

Trademark law requires a trademark owner to police the marketplace. You need to ensure that other businesses and individuals do not use your trademark, or confusingly similar trademarks, in an unauthorized fashion. If you allow this to go on, you may eventually lose rights in the trademark.

What happens if you stop using your trademark?

If you stop using your trademark and do not have a clear path towards resuming use of the trademark, then that trademark is abandoned and the registration is subject to cancellation by a third-party. There are exceptions, of course. Merely ceasing use for a few months while you get new inventory is not abandonment.

Why is trademark protection important?

Trademark protection is crucial to a healthy, strong trademark. In fact, the more third-parties that use a similar word or phrase in an industry, the weaker that word or phrase gets. The weaker the mark, the narrower the scope of protection. Eventually, that third-party use can result in a trademark that is nearly unenforceable.

Why do you have to use the same words in a federal registration?

Although a federal registration provides protection from others using a confusingly similar mark, your mark must be displayed consistently (by using the the same words, or same design, if a logo) to maintain the strength of the mark.

How to protect a trademark?

Important steps to take to protect your trademark: Monitor your trademark– both in the marketplace, and new U.S. government application filings. Trademark law requires a trademark owner to police the marketplace.

Can you abandon a trademark?

Merely ceasing use for a few months while you get new inventory is not abandonment. However, if you stop printing the trademark on a product because the customer base just isn’t there, shelving the idea for a few years is most likely going to result in the abandonment of the trademark.

What is cybersquatting?

Cybersquatting occurs when a second party registers a domain for a trademark or confusingly similar to a trademark with the intent of selling the domain to the trademark owner at a profit or with the intent of misdirecting the trademark owner’s web traffic and profiting off the reputation of the trademark. In these cases, the domain can cause confusion among the trademark owner’s customers and the second party’s asking price for the domain, assuming there is an offer to sell, is unreasonably high.

What is trademark monitoring?

These services monitor the USPTO Official gazette, state registries, business name databases, social media usernames and domain name registries among others for marks identical or confusingly similar to those of the trademark owner. These reports are reviewed by an attorney and flagged for any instances of use that are damaging to the trademark registration and actionable for rights enforcement.

How to acquire a domain?

In order to acquire the domain, the trademark owner would need to file a UDRP complaint, providing evidence of the trademark registration and arguments outlining why the domain ownership should be transferred. A one or three judge panel then reviews the arguments and determines whether the domain will remain with the second party or be transferred to the trademark owner. This process allows trademark owners to maintain the valuable goodwill of the trademark while preventing others from profiting off the trademark.

How long does it take to file an opposition to a trademark?

Trademark owners who believe a published application is confusingly similar to their registration and may devalue their registration have 30 days to file an opposition or request for extension of time to file an opposition.

What is the first option in case of infringement?

The first option in case of infringement is issuance of a cease and desist letter. These letters not only assert the trademark owner’s rights but they also serve to put the infringer on notice of the ownership of the mark and provide evidence of the owner’s efforts to police the mark in the event of a lawsuit.

What is trademark registration?

Federal trademark registration is an investment that creates a valuable business asset that can be licensed, sold and otherwise monetized. As with any investment, a prudent owner seeks to protect their interests because failure to do so can result in depreciation of the asset or even total loss.

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What can an attorney do to help you with trademark infringement?

You can also take advantage of the additional services offered by your attorney, including trademark monitoring. Once your trademark is registered, your attorney can monitor its use, alert you to potential infringement, and work with you to determine the best course of action to take.

How much does a trademark attorney increase the likelihood of approval?

In fact, a study by the University of North Carolina found that applicants working with a trademark attorney increased their likelihood of approval by up to fifty percent! Unlike DIY trademark searches conducted on legal sites or search engines, the software used by most trademark attorneys is much more sophisticated.

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.

Is a business owner budget conscious?

It’s understandable that new business owners are budget conscious. From designing a product to marketing and hiring employees, the costs can add up quickly. Because of this, some owners, in an effort to cut costs, may want to take advantage of one of the many legal sites advertising DIY trademark searches and registrations.