FAQ's
What is a trademark?
A trademark is more than just a logo or a name; it’s your brand’s legal identity. It distinguishes your products or services from others in the marketplace. A common-law trademark is used for goods or services, and can use “TM”. A registered trademark has been approved by the United States Patent and Trademark Office (USPTO) and can use ®. At Adams Law Office, we help you understand what qualifies as a protectable trademark and guide you through every step to secure your brand identity.
How do I register a trademark in the United States?
To register a trademark, you will need to file an application with the USPTO. The process involves identifying the exact trademark, selecting the correct classes, submitting a clear description of your goods or services, and paying the required fees. To obtain trademark registration, there must also be evidence of use of the exact trademark with the described goods or services. Adams Law Office assists clients from initial search to registration, providing strategic advice to comply with USPTO requirements.
What rights does trademark registration provide?
A registered trademark grants you exclusive rights to use your mark for your listed goods or services. It also gives you the ability to stop others from using confusingly similar marks. Our team can help you monitor and enforce your rights to keep your brand secure after registration.
How long does trademark registration last?
A trademark can last indefinitely, provided it is properly maintained. You must file specific maintenance documents between the 5th and 6th years after registration, then between the 9th and 10th years after registration, and every 10 years thereafter. Adams Law Office assists with renewals and maintenance filings to ensure your trademark never lapses due to missed deadlines.
How can I protect my registered trademark?
Adams Law Office provides a monitoring service to monitor the USPTO database for trademarks that the USPTO determines may cause a likelihood of confusion with your registered trademark. If this happens, Adams Law Office will evaluate your claim and discuss options to protect your brand. Options may include a Letter of Protest, and opposition or cancellation proceedings before the Trademark Trial & Appeal Board.
Can a trademark be canceled or invalidated?
Yes. A trademark may be canceled if it becomes generic, abandoned, or was obtained through misrepresentation. Adams Law Office can help defend your registration if it’s challenged or assist in initiating cancellation proceedings against another party’s mark when appropriate.
What’s the difference between a trademark and a copyright?
A trademark protects brand elements like your name, logo, or slogan that identify your business. A copyright, on the other hand, protects creative works such as books, music, or artwork. Our team can help you determine which type of protection best fits your intellectual property needs.
Can I trademark a domain name?
Yes, in specific circumstances. If your domain name functions as a brand identifier, meaning consumers associate it with your goods or services rather than just a web address. Adams Law Office can help assess whether your domain name qualifies and guide you through the registration process.
How much does it cost to hire a trademark attorney?
Trademark attorney fees vary depending on your specific needs and the complexity of your application. At Adams Law Office, we provide transparent pricing and tailor our services to your goals, whether you’re filing your first application, responding to an office action, or renewing a trademark registration.
I received an Office Action from the USPTO. Can you help?
Yes, we often assist clients who have received USPTO Office Actions. An Office Action means the examining attorney found an issue with your application; this could be a similarity to another mark, a technical filing issue, or other concerns. If you have been trying to handle this process on your own or through a filing service, Adams Law Office can step in to help evaluate the refusal and prepare an appropriate response before deadlines expire.
I filed my trademark through LegalZoom or on my own, but now I have a problem. Can you help?
Yes. Many of our clients first tried to file through online platforms or by themselves, and later realized the application had issues sometimes after receiving an Office Action or abandonment notice. We can review your file, advise on your options for refiling or reviving your application, and help ensure your mark is properly protected moving forward.
Do you handle trademark disputes or litigation?
Our office focuses on filing, maintaining, and enforcing trademark registrations through administrative processes. If your situation involves litigation, such as suing or defending against an infringer in federal court, we can connect you with trusted colleagues who specialize in trademark disputes.
How do I schedule a consultation with Adams Law Office?
We offer a free 15-minute phone consultation with Attorney Sharon Adams. During that call, you can explain your situation, and we will outline possible next steps. To schedule, simply call our office or use our online contact form. We’ll confirm your appointment, and Sharon will call you at your scheduled time.
Does Adams Law Office handle legal cases involving data breaches or personal privacy issues?
No, we specialize solely in trademarks. We do not handle cases related to data breaches, personal injury, or other general legal matters.
What legal services does Adams Law Office provide?
We focus exclusively on trademarks. Our services include:
- Filing new trademarks
- Maintaining and renewing existing trademarks
- Advising on trademark protection strategies
What type of attorney should I contact for non-trademark issues?
For issues like data breaches, privacy violations, or other legal matters, you will need a general practice or specialized attorney outside of trademark law.