Trademark Clearance & Registration

What is a trademark?

A trademark is a recognizable indicator that identifies its owner as the source of particular goods and/or services on or in connection with which the trademark is used. Trademarks can take many forms. Well-known trademarks include words, phrases, logos, designs, colors, sounds, and even scents.

What is trademark clearance?

Trademark clearance is the process of searching the relevant trademark registers and marketplace to try to determine whether anyone else has already acquired rights that could prevent you from using and/or registering a trademark you have selected. We offer three tiers of searching: preliminary, basic, and comprehensive. Which of these options is appropriate for you depends on factors such as your planned business objectives, history (if any) of use of the trademark, budget, and timing for the launch of the goods or services for which you intend to use the trademark. Please contact us for a complimentary consultation to determine which of our trademark clearance services might be appropriate for you.

All of our trademark clearance services are available for reasonable flat fees.

What is trademark registration?

Trademark registration is the process of obtaining official recognition of your trademark from the U.S. federal government. Registration can be done online through the Trademark Electronic Application System of the United States Patent and Trademark Office (USPTO). If you already have use of your trademark when you file an application with the USPTO, the process typically takes around 7-9 months to complete, but longer if the USPTO Examiner or a third party raises objections to your application during the registration process. If you file your application based on a bona fide intent to use the trademark but without any actual use in commerce at the time of filing, the process may take significantly longer and cannot be completed until you can demonstrate your use of the mark in United States commerce. We charge very reasonable flat fees to handle this process for you.

Why should I register my mark?

In the United States (though not in many other countries, which require registration), you begin to establish rights in a trademark as soon as you adopt and use that trademark in commerce. But these rights – called “common law trademark rights” – have limitations. Most notably, your common law trademark rights are restricted to the geographical areas within the United States where you have actually used the mark; they do not give you protection throughout the country. In contrast, registration gives you nationwide rights in your trademark. It also gives you the ability to stake a claim in a trademark before you even begin using it, since you can file an application with the USPTO based on your bona fide intent to use the trademark. In addition, registration with the USPTO provides benefits to facilitate protecting your mark in other countries, which can be very helpful if and when your business expands internationally.