Do Startups Need a Trademark Attorney?

trademark attorney meeting with a prospective client to discuss trademark options

As an entrepreneur, you put blood, sweat, and tears into your startup, not to mention your savings and investments of others. Strong branding is one of the things which will help your startup succeed in the first few years. As you put together your branding strategy, you have likely created a symbol or design for your logo and/or some type of slogan, catchphrase, or word to set yourself apart from your competition.

It’s crucial for you to trademark your creative marketing tools to prevent others from using them. Keep reading to learn exactly which items you could/should trademark, how to go about the application process, and why you should have a trademark attorney during the process. 

Read More

What is Brand Genericide

Nintendo Genericide picture

Your brand is valuable. Protecting your brand with a registered trademark is important to maximize your brand awareness and protecting consumers from inferior impostors. However, if you fail to enforce your trademark rights when they are violated, you risk losing your brand name to genericide. Protecting your brand from the beginning is essential.

Read More

What Are Your Trademark Rights?

trademark written in a brand strategy book for NJ trademark attorney

A trademark is a symbol, design, word, or phrase that distinguishes one business’s products from another. A service mark is a symbol, design, word, or phrase that distinguishes one business’s services from another. The term “trademark” is commonly used to refer to both trademarks and service marks in the United States. Trademarks have common-law rights, but a business may also choose to federally register its trademark for enhanced protection.

Read More

How Long Does It Take To Get A Trademark?

The question, “how long does it take to get a trademark,” comes up quite often during our initial brand protection consultations. The short answer is; it depends. Perfect applications are rare. While we have filed applications that were registered in less than 7.5 months, the norm is closer to 9 months.

Each Examiner reviews an application subjectively, so it’s impossible to predict how they will scrutinize any individual application. Trademark law is a niche field and trademark applications are technical. An application could have any number of minor defects that are easily curable, such as:

  1. an insufficient specimen;
  2. insufficient identification of the goods/services; and/or
  3. filing an application in the wrong class.

Alternatively, an application filed by an inexperienced individual could be flawed in a way that would force the individual to abandon their application altogether.

U.S. citizens do not need to work with a trademark lawyer to apply for a trademark. However, it is highly recommended to do so. Additionally, a USPTO regulation from August 2019 requires foreign applicants to work with a U.S. licensed attorney. Trademark law is always changing. Using a lawyer who’s up-to-date on the latest trends and guidelines could help you save time and money.

How Long Does It Take To Get A Trademark?

Timeline showing how long it generally takes to get a trademark