Dallas Attorneys Assisting With Trademark Registration
Registering Your Trademark in the U.S.
Are you an individual or business looking to register a trademark in the United States? The law firm of Gagnon, Peacock & Vereeke, P.C., in Dallas, Texas, can help. We assist clients with both use-based and intent-to-use applications.
To discuss your needs with an attorney in a free consultation, call us at (214) 317-4448 (toll free at 888-312-1750) or send us an e-mail.
Do I Need a Trademark Attorney to Assist Me?
Although you may be tempted to register a trademark for yourself or your business on your own, the process is not always straightforward. For instance, it often takes months for the official reviewing your application to inform you of the status of your registration request. If you leave out certain information in your application, you will have to fill it in and possibly dramatically increase the amount of time it takes to complete the process. An attorney can ensure that you follow the right procedures, and can investigate if your trademark application is delayed.
Even more serious issues can arise when your registration application faces a challenge from another individual or company. These proceedings can be difficult to navigate, and it is wise to have experienced counsel on your side. This will increase your chances of successfully registering your trademark and benefiting from the brand recognition it can provide.
Why Choose Gagnon, Peacock & Vereeke, P.C. to Handle My Trademark Matter?
At Gagnon, Peacock & Vereeke, P.C., we are dedicated to open communication with our clients and aggressive representation that gets the job done. If you want a firm that will advocate for your desired outcome at every step of the way, we are here to assist you in reaching your goals.
As members of the Dallas community, it is our pleasure to serve individuals and business owners in this area. The attorneys at Gagnon, Peacock & Vereeke, P.C. have been practicing for over thirty years and have devoted our careers to serving the needs of our clients. Associate Aaron P. Peacock is a patent attorney and is well-versed in all areas of intellectual property law. He provides an insightful and nuanced approach to trademark registration matters. He is just one of the many experienced and hardworking legal professionals at our firm. We utilize a unique team work approach, which means that your case will benefit from the unique perspectives of everyone on our team.
To help our potential relationship as law firm and client, we offer a confidential evaluation of your matter to ensure that it is a good fit for us to represent you. Do not hesitate to contact us today at (214) 317-4448 to learn more about what we can do for you.
Our Trademark Practice
Why register a trademark? You may be wondering what the benefit of registering a trademark federally has for you or your business. The simple answer is that registering a trademark with the U.S. Patent and Trademark Office (USPTO) makes you the owner of the trademark. You are allowed to use the trademark, and you can prevent other individuals and companies from doing so. These means that you can ensure that you obtain the benefit of the trademark while also preventing the competition from obtaining a similar benefit.
The basic process of registering a trademark with USPTO involves an application and an application fee. There are regulations on trademarks that may be registered, including that to register a mark, you must put it into use in commerce. Specifically, it must be used in commerce that Congress may regulate under its power. In order for Congress to have the power to regulate commerce, it usually involves activity that crosses state or national lines. Even businesses that are located in one state may satisfy this requirement if they cater to customers coming from across state or national lines. If a trademark is not already put into use, an additional fee and document must be submitted when the trademark actually goes into use. This type of “intent-to-use” application is for trademarks that are intended to be used in the near future.
It is important to conduct a search prior to submitting an application for a trademark to determine whether other similar marks are already being used by an individual or company. If there are similar marks already in use, your application could be denied. It is best to understand the potential for this type of conflict before submitting an application to either address the issue head-on or choose a different trademark to register.
After you submit an application to register a trademark, it typically takes several months for an attorney at the USPTO to review the application and communicate with you. From there, you may be able to register your mark or additional information or action may be required.
Our lawyers handle federal applications/registration and trademark license negotiations. We assist clients in trademark prosecution by:
- Conducting a clearance search to determine if there are confusingly similar marks in use
- Preparing and filing a trademark application
- Responding to office actions from the U.S. Patent and Trademark Office
- Preparing and filing trademark appeals before the Trademark Trial and Appeals Board (TTAB)
We will prepare and file all the required paperwork and act as your advocate in all proceedings involved in the process.
Appeals of Denied Trademark Applications
Your application for trademark registration may be rejected. This can occur for several different reasons, including the following:
- Technical rejection: This usually occurs because of a minor error that often can be corrected by amending your application.
- Substantive rejection: This occurs if there is a more significant issue with registering your mark. It could involve confusion with another mark that is already registered. A lawyer specializing in trademark registration matters can assist with responding to this type of rejection.
- Final rejection: This could occur after you have had an opportunity to correct a technical or substantive rejection.
Depending on the basis for rejection, some minor matters can be resolved over the telephone. More serious matters require notification by mail. A rejection will specify the amount of time you or your attorney have to respond. If you or your attorney do not respond within the time frame specified, your application may be marked as abandoned. An abandoned application cannot be revived – you must start over if your application gets to that stage. An attorney will make sure that all responses are sent to the USPTO in a timely fashion to avoid being marked as abandoned.
If you have received a trademark application rejection, you may still have legal options. An examiner’s decision to deny a trademark application can be appealed. At Gagnon, Peacock & Vereeke, P.C., we help businesses and individuals prepare and file trademark appeals before the Trademark Trial and Appeals Board (TTAB). We would consider filing an appeal to the TTAB if the final rejection was for a substantive reason, such as the mark having a likelihood of confusion or generic material.
If for some reason procedural rules were not followed, a petition to the Director of the USPTO may be an option. Additionally, a request for further reconsideration can be made to the examining attorney under some circumstances.
Contact Us for Help With Your U.S. Trademark Application
Trademark registration issues are complex and are deserving of an experienced attorney’s time and attention. At Gagnon, Peacock & Vereeke, P.C., we want to help ensure that you get the process right or correct any errors that have already been made. Whether you are just starting the trademark registration process or you are partway through, we are here to help. To schedule a free consultation, contact us online or call (214) 317-4448 or toll free at 888-312-1750.