TRADEMARK SERVICES

Protect Your Brand And Keep A Spotlight on Your Business

Don't Let Anyone

Eclipse Your Shine

As a business owner, you don’t want other people in your industry using branding that’s confusingly similar to yours. That’ll muddy the visibility you’ve worked SO hard to build – diluting your message, your impact, and your profits. Ain’t nobody got time for that!

So you’re gung-ho about protecting the branding that makes your business stand out from the crowd, and that means filing trademark registrations with the United States Patent and Trademark Office (or USPTO) to nail down your exclusive, nationwide rights over your trademarks. 

The typical trademark registrations cover names, taglines, & logos. But the trademark universe is pretty huge & can include scents, colors, sounds, hashtags, domain names, building designs, and almost anything that helps people recognize your business as the source of a product or service.

But trademarks aren’t just about protection; they empower you to set the rules for your brand. By enforcing your trademark rights, you get legal authority to decide who gets to use a similar trademark and who doesn’t. It’s all about making sure you get the recognition you deserve.

 

Making Sure NO ONE Gets Their Mitts On Your IP®

Faith Mitton, Esq.
Managing Attorney of Mitton Law Firm, PLLC

You’ve invested time, money, and tons of creative resources in creating your brand. It’s time to protect that investment with a solid legal strategy that’s created and implemented by knowledgeable professionals.

My team & I would be happy to help you master the ins and outs of trademark law, steering you away from common, costly traps that DIYers fall into.

So much about trademark law is counter-intuitive, confusing, and complicated. That’s why it pays to have top-notch legal counsel at your side to help you secure the broadest possible protection for your brand while avoiding expensive mistakes. 

Since trademark rights are federal, you can nail down nationwide protection for your branding and we can work together on your trademark issues regardless of where you’re located!

Want to learn more about trademarks? Click HERE to view our FAQs.

Our Trademark Services

trademark registration

You’ve created a really cool and unique brand identity for your business by choosing clever names, taglines, or logos. BUT, you’re nervous about someone else copping your style and confusing your clients and customers.

The solution to this problem? You need to file a federal trademark with the USPTO to lock down your exclusive, nationwide rights over the branding that’s essential to your marketing strategy.

Once your trademark application is approved, you’ll be able to promote your services & products with complete confidence, knowing you’re the only person who has the right to use your trademarks in your industry. Talk about amplifying your shine! And when you’re gleaming like that, you make it much easier for new clients & collaborators to find you.

But applying for a trademark isn’t like mindlessly filling out some random online questionnaire. Your responses actually shape (and limit) your rights in your branding. And each trademark application has to satisfy important legal criteria before being approved.

So it’s important to receive an attorney’s assistance to package your application strategically. When we file trademark applications, we carefully prepare them to give our clients flexibility as their brand grows in the future while lining up with what’s legally required in the here & now.

trademark office actions

Sometimes, after reviewing a trademark application, the USPTO will issue an Office Action – a letter explaining why the agency thinks a trademark doesn’t qualify for federal protection. These letters are increasingly becoming a common part of the trademark process.

In some cases, Office Actions are about administrative or technical issues. In others, responding to the USPTO requires writing persuasive legal arguments that take a ton of skill, research, and time to prepare.

But in every instance, a trademark application that receives an office action cannot proceed to approval without overcoming the USPTO’s objection. So if you receive one of these objections, you can’t afford to ignore it. Trademark filing fees are not refundable once filed, and missing the deadline to respond to your office action may mean that you lose your filing fees for good and that your trademark application will not be approved! A new application will require new fees.

A knowledgeable trademark attorney can help you navigate the office action response process and help you develop a meaningful strategy to protect your intellectual property. We use our deep knowledge of trademark law to handle office action challenges and push our clients’ applications THROUGH to the final stages of review.

So you’ve got your trademark registered – congratulations!

Now, you’ve got to stay on top of your trademark rights and make sure that you don’t lose them. And yes, trademark rights can be lost if they are not properly maintained.

One of the ways that trademark rights can be lost is by not identifying and responding firmly to potential trademark infringement. This is because a federal trademark registration is intended to secure exclusive ownership over branding in relation to certain goods and services. If someone begins using or registers a trademark that is similar to yours for similar products and services, your trademark rights will be weakened!

Avoid this disaster by staying ahead of the curve and actively monitoring for infringing activity. With an attorney’s help, you’ll be able to identify trademark conflicts and deal with them quickly. We’d be happy to support you in this adventure!

Trademark troubles on the horizon? Whether you’re gearing up for a defense or need to play offense, we’ve got your back!

Trademark Application Disputes: There’s nothing simple about trademark applications, but things can get really complicated when brand owners square up for a fight. If you’re the trademark applicant, you might need to defend yourself in special trademark lawsuits intended to prevent your application from being approved (called an opposition) or to wipe out your trademark registration after it’s already been approved (called a cancellation proceeding). But if you’re the trademark owner who sees a problematic application, you may need to go on the offense by bringing issues to the USPTO’s attention anonymously (called a letter of protest) and if that doesn’t work, you may need to file an opposition or cancellation proceeding. Regardless of what side of the issue you fall on, we can help you find a way forward to ensure the protection and integrity of your brand. We’ll work side by side with you to find creative & effective solutions so that your business can thrive for years to come.

Cease and Desist Letters: Need to respond to someone calling you out for infringing on their brand? We’ll help you assess your legal rights and figure out what to do if you’re out of line or how to clap back if the brand who’s sent you the letter has overstepped their bounds. And when it’s time to tell someone else to “cease and desist,” we do it with style. Our letters strike the balance between being friendly enough to resolve conflicts amicably while being firm enough to detail the legal steps we’ll take to stop any  continuing infringement. 

 

Online Brand Disputes: Have your pages or stores been taken down from the Internet because someone has reported you for trademark infringement? We’ll help you understand what has happened and advocate for you to get your online presence reinstated. And your brand deserves a vigilant defender online, too. From Facebook fiascos to e-commerce escapades, we’ve got your digital turf covered and will help you respond to any infringement you experience. Let’s keep your brand’s online presence as unique as it is offline.

Once you own a trademark registration, you’ll have the power to unlock additional revenue streams from this new business asset. We’re talking about monetizing your intellectual property rights!

This is because trademark registrations help to establish your exclusive ownership over your unique branding – giving you total control over how it is used by anyone else.

So, what does IP monetization look like?

You may choose to give someone else the limited right to use your registered names, taglines, and logos (subject to certain conditions) in exchange for periodic payments. This is known as licensing.

You could also decide to completely transfer your ownership of a registered trademark by selling it to someone else. This is known as assignment. You might also purchase trademarks from someone else on your entrepreneurial journey.

In each of these instances, it is important that the agreements contain the appropriate legal language to protect your interests. We craft these trademark agreements carefully to ensure that the intellectual property issues are adequately addressed.

Trademark registrations are not a one and done deal – you’ll need to make ongoing filings to keep your registration active. Not making these filings when due (or within the grace period) will result in the USPTO canceling your trademark registration. We don’t want that!

So there are 3 types of filings to keep on top of:

  • Section 8 declarations: Section 8 Declarations refer to providing the USPTO with proof of continued use of
    your trademark. The legal term for proof of use is “specimen.” When you file your specimen, you’ll need to indicate whether you are still using your trademark in connection with all the products and services listed in your registration. If you aren’t, you’ll need to give a good reason why you’ve stopped using it if you want to maintain your trademark registration. Section 8 filings are due 5-6 years after your registration is approved, 9-10 years after your registration is approved, and every 10 years after that.

  • Section 15 declarations: Section 15 Declarations refer to making a claim of incontestability. Trademark
    registrations are eligible for incontestable status after the 5th year of registration. Incontestability makes it difficult for third parties to challenge and/or cancel your trademark – but ONLY if your trademark is on the Principal Register. Section 15 Declarations are optional but recommended. They are often filed with Section 8 Declarations, since they share similar due dates.

  • Section 9 Renewals: Trademark registrations must be renewed periodically in order to remain active. These renewals are referred to as Section 9 renewals. The first renewal is due between the 9th and 10th years after the registration is approved, and then the renewals must be filed every 10 years after that. These can also combined with Section 8 declarations since they share similar due dates.

We can help you track the relevant due dates, remind you when deadlines are approaching, and then handle the filings for you so that you never have to worry about your trademark registration expiring. 

Why Choose Mitton Law?

Figuring out which attorney to hire can be challenging when there are so many options. Here are some things to consider when evaluating whether to work with us. Our clients have chosen us because of our:

Clarity

Few things are worse for clients than having a lawyer who they don’t understand. When we communicate with or create a work product for our clients, we aim to be as clear and thorough as possible so that we leave no questions unanswered.

Predictability

Budgeting for legal services can be a challenge when you work with an attorney who only bills hourly. It’s almost impossible to determine how much a particular project will cost you. But we prioritize the use of flat fees so that our clients know exactly what to expect in terms of costs.

Flexibility

Even with flat fees, we know that high-quality legal representation may seem inaccessible to some clients with restricted budgets. We understand cash flow challenges & offer flexible payment plans that allow our clients to break up the payment of fees into manageable chunks that work for them.

Creativity

Our clients are trailblazers, charting their own course through new terrain. We provide innovative solutions to their legal issues & inventive strategies for their operations. Plus, we’re always seeking new ways to practice law & help our clients.

Reliability

In the DIY legal age, it can be hard to know who to trust. But instead of working with some faceless corporation,  our clients know exactly who their attorney is & what her credentials are, so they can be confident that they are receiving the best possible legal representation.

Tech-Savvy

Gone are the days when you had to meet your attorney in person & exchange paper documents. We believe in using industry-leading technology to create a seamless client experience. Our clients can communicate with us confidentially & access their case file from any Internet-connected device through our client portal.


Click HERE to view client testimonials!

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