Common Questions
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Trademark Registration
Yes.
Brands Shield’s filing service starts at $35 plus federal filing fees. At Trademark Just, we take care of your application so that you can focus on other important things that matter to you. Get started today in applying for your trademark through Trademark Just.
After you submit your application, our legal team does the case review and availability search for your trademark application. If we require any additional information from you, we will contact you either by phone or email. The application is usually ready within 1-2 business days after which it is filed. Sometimes, the process can take longer if there are delays getting responses from clients or if there are further clarifications required.
It takes around 6-9 months for the USPTO to issue the registration certificate after the filing date, if there are no legal issues with the application.
Typically, you will have to pay legal preparation and federal filing fees to register your trademark. At Trademark Just, the legal preparation fee for a US trademark starts at $35 plus the federal filing fee of $450 per classification. During the examining phase of your application by the government, if there are any legal challenges by the government or a third party due to potentially confusingly similar trademarks, you will have to pay an additional fee for the office action response if you wish for an attorney to draft a response on your behalf. The cost can range from $999 to $1,999 depending on the complexity of the issue
Oftentimes no. However, if the other mark is linked to different products or services, it might be possible because there would be fewer chance of confusion between existing and potential customers.
For example, Domino Sugar and Domino Pizza coexist because they both sell different products to prevent confusion between consumers.
Yes.
The USPTO allows one trademark per application. That means one trademark application can only register either a name, a logo or a slogan. A logo trademark application can include text, but then the design and the text together are considered one trademark. You would have to file two applications if you want them protected individually
You can start the registration process, but the USPTO will not officially register your trademark until you can show a proof of use of the mark in commerce. Some people get on with their business to see if it’s viable before registering the trademark while others begin the registration process to make sure their business is protected before spending time and money building it.
You can think of trademark classes as categories that fall under your application depending on the types of goods and/or services you offer. The USPTO trademark classification system divides all goods and services into 45 trademark classes —34 for goods and 11 for services. Correctly identifying your goods and services is one of the most critical aspects of your application. A failure to correctly list the goods and services with which you use the mark may prevent you from registering your mark. And you will not be given a refund. The selected class(es) must correspond to the list of goods and services mentioned in the application in order to achieve full trademark protection.
Trademark Search
The basic search is where we try to look for exact matches (or direct hits as we like to call them) in the federal database to see if someone else has already registered the same mark. However, in the comprehensive search, we do a thorough examination of all those marks that are exact or similar to your mark including the ones that are not registered.
Not really. Usually, mark owners with no federal or state registration are entitled with common law trademark rights simply by being the first to use the trademark in commerce. The owner of such marks can simply take action against you because they were the first ones to use the mark. However, it’s difficult to look out for common law trademarks. For that reason, we recommend our customers to opt for a comprehensive search that includes searches beyond state or federal registries, such as corporate names and names used on internet and social media platforms. To help you with this, we offer comprehensive search packages like the International and Federal, State & Common Law search.
However, the exact match search does not give you a result of any similar names that may be present in the database. It does not tell you if someone else already owns a mark in a related category which might prevent your application from being approved. It’s always better to opt for a more comprehensive search before applying for registration.
You can find out whether a similar trademark already exists or not by performing a search on the TESS on the United States Patent and Trademark Office (USPTO) website. This helps identify the exact matches that may or may not be present in the USPTO database.
However, the exact match search does not give you a result of any similar names that may be present in the database. It does not tell you if someone else already owns a mark in a related category which might prevent your application from being approved. It’s always better to opt for a more comprehensive search before applying for registration
Trademark Monitoring
Generally, trademark owners are responsible for enforcing their own trademark rights. In order to enforce your trademark rights, you need to be aware when others are infringing your mark. Trademark Monitoring is a service that alerts you when someone is using a mark similar to yours.
The USPTO obviously prevents conflicting marks from being registered. However, in order to enforce your rights at a larger scale, you need to know when others are using trademark similar to yours. Trademark monitoring gives you that information so you can take action against infringers at the right time to prevent others from taking advantage of your brand value and your customers.
A conflict occurs between two trademarks when one is confusingly similar to another that is already registered. The major factor that determines the chance of conflict is when both the marks are similar with goods/services that are alike. However, a conflict can arise if a mark can potentially create confusion in the market if it sounds similar to an already registered trademark. In some cases, trademarks that may seem similar can coexist if they are unlikely to cause confusion in the market. For example, two trademarks that may seem similar can both be allowed if they are used for products or services that are unrelated, and are therefore unlikely to cause confusion.
While the trademark does give you sole ownership of your intellectual property, it is not necessarily true that others can’t use the mark at all. Someone can use the mark independently provided that they limit its usage to the agreed upon terms or use it in a non-infringing purpose as long as no more of the trademark is being used than is necessary for this purpose. It is important to know that trademark laws only control commercial use of the mark
Office Action Response
The Office action is official document that is sent your way when a USPTO examining attorney has found some errors or legal issues after evaluation of your application. It outlines the reasons why the application is being rejected and, if applicable, provides a list of additional requirements that must be met for reconsideration.
The USPTO updates the status of your application and notifies the contact person(s) listed on your trademark application via email. If you have sought out the help of an attorney and they have been handling your trademark application, the attorney will promptly notify you of the updates.
You can also allow us to alert you about your trademark application without having to keep a constant check on it. However, if you’ve filed the application yourself, you will have to regularly keep a check on your application process to see if you’ve received an Office action or any other update.
After the USPTO examining attorney reviews your application and identifies legal issue in it for the first time, you will receive a non-final Office action. If you fail to address or resolve all the issues in your response to the non-final Office action, you will receive a final Office action. At that point, you can either comply with the requirements or file an appeal with the Trademark Trial and Appeal Board.
If you do not respond to an Office action sent by the USPTO, your application will be abandoned.
Copyright Registration
Copyright is a form of protection granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks
The original content, code and design elements appearing on a website may be protected by copyright. You will submit a printed out version of your site and the copyright protection will apply to the version submitted. Because websites are frequently updated, you may want to submit your revised version of your website, too. Registration of a revised version covers only the new or revised material added.
Copyright law does not protect domain names. The Internet Corporation for Assigned Names and Numbers (ICANN), a nonprofit organization that has assumed the responsibility for domain name system management, administers the assigning of domain names through accredited registers
Publication is not necessary for copyright protection.
“Publication” is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication. A public performance or display of a work does not of itself constitute publication.
No. Names are not protected by copyright law.
LLC Formation
Though it typically only takes between 7 and 10 days to form an LLC, the length of the formation process depends on the state in which you’re starting a business. For an additional fee, expedited processing can be requested so that your application is reviewed before others.
All states require potential LLC owners to file a substantial set of documents, typically called the Articles of Organization, in order to establish their business. We can take care of this process for you, saving you time, effort, and allowing you to focus on developing your business – not filing paperwork. Lean on our expertise to ensure all paperwork is filed correctly the first time.
You don’t need to be a US citizen or have a SSN to start a business here. While typically SSN’s are used to help file taxes, non-citizens can use alternative IDs or an Individual Taxpayer Identification Number (ITIN) for taxes, if they’re required to file. We’ll help you navigate getting your business formed, making sure you stay compliant, set-up a US based bank account, get access to a US mailing address, and more..
While any state is an option for LLC formation, Wyoming and Delaware stand out. Wyoming stands out as a top choice for non-US residents, particularly favored by entrepreneurs managing online or e-commerce ventures, Wyoming offers low fees and privacy protection for members of the business. Delaware, it offers some of the same benefits that you’d find in Wyoming, and while it’s fees are among the highest, it is favored by investors and venture capitalists if you’re seeking investments this should be something you strongly consider.
No problem. You can ask one of our representatives to expedite your filing process for a small fee.
Absolutely! We believe in educating our customers and providing a variety of guidance throughout the formation process and beyond.
If you need additional support, you can contact us via phone, email or visit our website live chat