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FAQ's
Why should I hire Mastermark Legal?
You should hire Mastermark to handle your trademark needs because you will receive unparalleled professional service from a knowledgable attorney experienced in trademark and business matters. We understand the immense value that a trademark can have and treat them as valuable intellectual property. Most importantly, we treat our clients with the utmost respect and stay committed to charging reasonable legal fees.
What is a trademark?
In a nutshell, a trademark is a word and/or logo that is used in business to indicate the source of goods or services. A trademark may also be a combination of words, a slogan, or even a distinctive sound or color.
Why should I register my trademark with the USPTO?
You should apply for registration with the U.S. Patent & Trademark Office so that you have a public record of your use and ownership of your trademark. Second, a Federal registration gives you legal protection in all 50 U.S. states as opposed to just one. Third, a Federal registration makes it easier to license, transfer or sell a trademark. Lastly, a Federal registration gives you the right to sue in Federal Court when your mark is being infringed upon.
How long does it take to obtain a trademark registration?
It takes approximately nine months to obtain a registration after an application has been filed with the USPTO.
What is the process of applying for a trademark registration?
Approximately three months after filing your application, an examining attorney at the USPTO will determine of there are any conflicting trademarks (either registered or pending registration) that may prevent you from receiving a trademark registration. The examining attorney will also check your application for any errors or mistakes. If there are any legal issues raised by the examining attorney, they will email an "Office Action" and give you six months to reply and address the issues.
Once the examining attorney approves the application (and response to any office actions), it will be published in the USPTO's "Official Gazette" for a period of thirty days. If no parties oppose the application during this period, then your trademark will usually become registered within a month or two. Thereafter, you will be mailed an official registration certificate.
What should I do if someone uses my trademark without permission?
Unauthorized use of a trademark or service mark is called “infringement." If an individual or business is infringing upon your trademark, then you have to right to send them a cease & desist letter and/or sue them. If someone is infringing upon your mark, please contact us immediately to discuss your options.
Disclaimer: This website and its content are for educational purposes only and is not a substitute for legal advice. The use of this website and any of its content does not establish an attorney-client relationship. Any of the content contained herein shall not be used to make any legal decisions without first consulting an attorney. Mastermark Legal, APC expressly disclaims any and all liability in regard to any actions, or lack thereof, based on any contents of this website.
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