Trademarks

ENSURE THAT YOUR BUSINESS REMAINS ONE OF A KIND

trademark application lawyer

Do You Need A Trademark Lawyer?

Operating your business without a trademark is kind of like driving a car on empty. Sure, you can go a little way, but eventually, you’ll come to a stop. Meanwhile, if you have a trademark in place, your brand is protected on a national level.

Trademarks fall under intellectual property law, along with copyrights and patents. All of these registrations cover different aspects of original works, protecting illegal usage. This way, if someone uses your brand that’s been registered as a trademark for their own profit, there are penalties to pay and possible damages owed to you.

Having your trademark registered starts with having a great trademark application lawyer. This will be your go-to contact to ensure you are doing everything correctly. The last thing you want is your trademark paperwork getting rejected because you didn’t follow policy and procedure.

The Das Law Firm Has You Covered

Attorney Das has helped many clients in Irving, TX and beyond. She has experience with all manners of intellectual property rights and is passionate about ensuring you understand how to protect your business. In addition to Texas, Attorney Das is licensed in California and Oklahoma. Her experience in these vastly different locations makes her an excellent trademark lawyer to work with.

Always one step ahead of the curve, Attorney Das is a true creative at heart and also an entrepreneur. She understands better than most what running a successful business means while staying true to yourself. The Das Law Firm can help you with your trademark lawyer and other intellectual property needs.

Do You Think It’s Too Late To Get Trademarked?

There are privileges that come with having a trademark for your business. The major advantage of having a trademark in place is that your company’s ownership is known. When this is done at the start of your business, you have peace of mind and better control of your brand.

However, this isn’t always the case. An experienced trademark application lawyer will walk you through the necessary steps regardless of the stage of business you are in. Nevertheless, getting your trademark in the beginning stages of your business is always best practice because it provides national protection from trademark infringement.

Without the proper paperwork, you open yourself up to dangerous situations. While some businesses may be able to bounce back from profit losses or a tarnished reputation, others never fully recover.

The Das Law Firm Can Support Your Trademark Needs

If you find yourself needing a trademark lawyer because you want to ensure you are starting your business off the right way, The Das Law Firm has the experience and guidance you need.

Many business owners reach out when they need a trademark infringement attorney. While you should absolutely investigate when your business logo or branding is being used without your knowledge, the best practice is to trademark as part of your incorporation steps.

Anyone seeking trademark guidance as a startup can find the support they need by scheduling a consultation with The Das Law Firm. Those who need to apply for a trademark retroactively will greatly benefit from consulting with a trademark litigation attorney.

Schedule Your Consultation Today!

Whether you are in the beginning stages of your business or have been operating for a couple of years, trademark services can ensure that all your hard work pays off.

Take the necessary steps to protect your business from competitors, and get started with your trademark registration today. Call The Das Law Firm to get direct help from a dedicated and experienced trademark application lawyer. Schedule a consultation with Attorney Das by calling (214) 307-1892 today!

Here is How It Works

1. Trademark Search

YOU’LL BEGIN THE PROCESS BY FILLING OUT AN INTAKE FORM SO WE CAN GATHER THE NEEDED DATA FOR THE TRADEMARK SEARCH AND APPLICATION.

A TRADEMARK SEARCH WILL BE CONDUCTED TO SEE IF THERE ARE ANY MARKS THAT COULD POSE A HURDLE FOR REGISTRATION (I.E. SIMILAR COMPANIES USING A SIMILAR TRADEMARK IN THE SAME INDUSTRY).

THE FEE FOR A TRADEMARK SEARCH IS $500.

2. Trademark Application

IF THE SEARCH RESULTS SHOW THAT THERE ARE NO COMPANIES WITH CONFUSINGLY SIMILAR NAMES AND SERVICES, THEN YOUR APPLICATION WILL BE FILED BY THE USPTO.

THE FILING FEE IS $1500 + APPLICABLE FILING FEES ($250-$350 PER CLASS)

*A TRADEMARK REGISTRATION PROTECTS ONLY THE CLASSES OF GOODS AND SERVICES YOU HAVE CLAIMED IN YOUR APPLICATION.

IF THE SEARCH RESULTS SHOW THAT SIMILAR COMPANIES WITH SIMILAR TRADEMARKS ALREADY EXIST, LET’S DISCUSS REBRANDING.

3. Trademark Approval

IF THE USPTO APPROVES YOUR TRADEMARK, IT IS THEN ‘PUBLISHED FOR OPPOSITION’.

IF NO THIRD PARTY OPPOSES DURING THE 30-DAY OPPOSITION PERIOD, YOUR TRADEMARK WILL PROCEED TO REGISTRATION WHICH TYPICALLY TAKES 11-12 WEEKS.

THEN WE CELEBRATE!

IF THERE IS AN ISSUE WITH YOUR APPLICATION, WE WILL RECEIVE A NOTICE KNOWN AS AN ‘OFFICE ACTION’.

Office Action: Step One

AN OFFICE ACTION IS AN INITIAL REJECTION OF THE TRADEMARK APPLICATION, WHICH COULD BE AS MINOR AS REQUIRING SOME ADDITIONAL INFORMATION OR AS MAJOR AS THE TRADEMARK EXAMINER FINDING COMPETING MARKS THAT THEY BELIEVE ARE TOO CONFUSINGLY SIMILAR TO YOUR MARK.

AT THIS STAGE, WE WILL DISCUSS THE SIMILARITIES BETWEEN THE CITED MARKS AND DETERMINE WHETHER YOU WISH TO INVEST IN PREPARING A SUBSTANTIVE RESPONSE TO THE OFFICE ACTION.

SUBSTANTIVE RESPONSES BEGIN AT $2500.

Office Action: Step two

THE SUBSTANTIVE RESPONSE MUST BE SUBMITTED WITHIN 6 MONTHS.

IF THE OFFICE ACTION IS DUE TO THE EXISTENCE OF A SIMILAR COMPANY, WE WILL RESPOND WITH A FORMAL LEGAL ARGUMENT.

THE ARGUMENT INCLUDES EVIDENCE THAT PROVES THERE IS A SIGNIFICANT DIFFERENCE BETWEEN YOU AND ANY SIMILAR BRANDS.

Office Action: Step three

A) IF THE USPTO ACCEPTS THE ARGUMENT(S), THE MARK WILL BE APPROVED AND PUBLISHED FOR OPPOSITION.

B) IF THE USPTO ISSUES A FINAL REFUSAL, WE CAN FILE A REQUEST FOR RECONSIDERATION AND/OR APPEAL TO THE TRADEMARK TRIAL & APPEAL BOARD WITHIN 6 MONTHS OF THE FINAL REFUSAL.

APPEAL INVESTMENT STARTS AT $3500.

Frequently Asked
Trademark Questions

A trademark is a recognizable name, logo, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark is meant to exclusively identify a product or service as produced by a specific company and recognizes the company’s ownership of the brand.

If you do not register your trademark, you only have rights in your geographic scope where your services are offered. Registration provides national protection.

A trademark class provides information about the type of goods and services offered by the owner.

Yes! Let’s hop on a call.

This article is designed to help any business owner or personal brand developer understand trademarks. From how they work to the value a trademark can represent for you, this article offers the fundamental facts about trademarks, including:

  • What trademarks are and what they protect against.
  • The two key types of trademarks and the information needed to develop them.
  • How to get started on your trademark creation, and how to ensure compliance along the way. Read More

Trademarks are a vital element of any brand’s identity. They are a protection for the brand's identity and reputation. But what does it take to register a trademark successfully? How can you guarantee your application will be approved? This article dives into these important questions that every business owner, social media influencer, and brand builder needs to know, notably:

  • How long a trademark clearance search takes (and why you absolutely need one).
  • Two key reasons trademark applications get rejected and how to avoid them.
  • What you need to do after your trademark is approved. Read More

It is increasingly apparent that a company is only as strong as its brand, which is, in turn, only protected by your trademarks. So what happens when a competitor starts trying to use your name or a similar one to sell their inferior products?

When this happens, you call a lawyer to discuss trademark infringement. This article covers the basics of trademark infringement and the available remedies that every business owner, brand builder, and content creator needs to understand, including:

  • What is considered trademark infringement, and how you can remedy it.
  • The 12 factors that determine trademark infringement in U.S. courts (you will never guess all 12!).
  • How to calculate damages in trademark infringement cases, and why it is tough to recover them. Read More

Intellectual property protections are all about shielding your hard work and effort from theft or abuse by others. Copyright is one of three major tools, along with patents and trademarks, which defend your brand, identity, or creative work from harm. This article focuses primarily on copyright, answering many essential questions every creator needs to consider, such as:

  • What is copyright, how is it different from other intellectual property protections, and what type of material does it cover?
  • How long does copyright last (the answer might surprise you!), and what protections does it offer?
  • What is considered fair use of copyrighted materials, and what remedies are available for copyright infringement? Read More
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