Over the past decade, Austin has attracted numerous types of businesses due to its affordability, uniqueness, and supportive community of entrepreneurs. Dubbed the “next Silicon Valley” the city has become a place for tech companies, startups, and many other types of businesses to plant their roots. But with so many new companies making Austin their home base, the competition has become fierce. It’s imperative that businesses protect their unique brands with the assistance of Austin trademark attorneys.
The attorneys at the Trademark Lawyer Law Firm, PLLC know how much your company means to you and how much time, effort, capital, and energy you put into it. With a successful track record of having registered more than 6,000 trademarks with the United States Patent and Trademark Office, we are committed to helping entrepreneurs in Austin safeguard the mark that makes their business stand out from the rest. From assisting with filing registration applications to monitoring for infringement to litigating disputes in the courtroom, our Austin trademark attorneys focus on one thing — safeguarding your brand.
Filing an application to register your trademark with the USPTO is just the first step to take to protect your mark. After the USPTO has accepted your application and your mark is registered, you have a continuing obligation to renew it at regular intervals, monitor it for potential infringement, and take legal action when necessary to defend it. While your primary focus should be on growing your business and increasing your bottom line, a skilled Austin trademark attorney can help shield your brand from competitors who seek to harm your brand and its goodwill.
At the Trademark Lawyer Law Firm, we work closely with Austin business owners for all trademark matters, including the following:
Our Austin trademark attorneys offer one-on-one counsel and strategic brand protection for businesses in a broad scope of industries. Whether your tech startup’s logo needs to be safeguarded, the slogan for your web development business must be shielded, or the symbol connected with a life sciences company requires protection, we can help you reach your entrepreneurial goals.
When you’re a business owner, filing a trademark application should be one of the first things you do. By registering your trademark with the USPTO, you can protect the mark that represents your brand from theft, misuse, and wrongdoing by the competition. Importantly, nearly anything that represents your brand can be your trademark — including the name of your business, the slogan associated with your services, and the logo representing your product line. However, the USPTO has strict criteria to register a mark. If there are any defects in the application, or the mark is not registrable, you could face delay or denial.
With business competition as fierce as it is in Austin, it’s vital to protect your mark as soon as possible. Although the USPTO requires a mark be used in commerce prior to registration, you can file an Intent to Use application to serve as a placeholder until the mark is used in connection with goods or services in the marketplace. This can be a crucial step to ensure you have priority rights to your mark.
The trademark attorneys at the Trademark Lawyer Law Firm are dedicated to working with Austin business owners to help them achieve long term success. Offering insightful guidance and deep knowledge, we will skillfully assess your mark before the application is filed with the USPTO to determine the likelihood of successful registration the first time you file. If we identify any issues with the proposed mark or you have been issued an office action, we will assist you with finding a viable solution.
Even when you’ve taken every possible measure to shield your mark, disputes can still arise. Trademark litigation might be unavoidable in cases involving intentional or inadvertent infringement, the likelihood of confusion, dilution, counterfeiting, unfair competition, or if the mark is being used without permission. Our Austin trademark attorneys are adept at prosecuting for your trademark rights and vigorously negotiating favorable settlements. We also represent clients at the Trademark Trial and Appeal Board (TTAB) for federal matters such as appealing final office actions, reexamination proceedings involving registrations, and trademark opposition and cancellation proceedings.
If your trademark is threatened, your business and profit margin are also in jeopardy. In the event you learn that another company has been using your mark without your authorization, it’s imperative to defend your brand. At the Trademark Lawyer Law Firm, we aggressively advocate on behalf of our clients in litigation and work to obtain positive results in every matter.
Protecting your brand is crucial for the success of your business. An experienced Austin trademark attorney can help ensure you have every protective measure in place to safeguard your mark from competitors and infringement. The Trademark Lawyer Law Firm, PLLC provides Austin business owners, entrepreneurs, startups, and companies with a wide range of trademark services at reasonable rates. Contact us today to schedule a free 15-minute consultation with a trademark attorney.
Suspensions are when your application is on hold. There are various reasons a trademark application can be suspended. However “likelihood of confusion” with prior application(s) filed and submission of foreign application are the most common reasons the USPTO may suspend an application. During a trademark suspension period, your lawyer will provide guidance on the next steps and whether it might be best to file an argument or pursue a coexistence agreement.
A disclaimer usually refers to a statement which indicates that you are not claiming exclusive rights to use the word(s) or a design element in your trademark application. A disclaimer allows for registration without creating a false impression of the registrant’s rights.
A good example of this is disclaiming “café” if your services are for a café.
If a trademark is not eligible for the Principal Registry, there is sometimes an option to register on the Supplemental Registry.
In cases where the USPTO finds the trademark application is merely ornamental, merely descriptive, or primarily geographically descriptive, the USPTO may allow the application to be registered on the Supplemental Registry. However, over time, the mark may acquire distinctiveness and possibly become eligible for the Principal Registry.
Two dates must be specified in a trademark application:
Date of First Use Anywhere: The “anywhere” refers to use in the U.S. or elsewhere. This is the date the goods were first sold or transported, or the services were first rendered under the mark. The use must also have been bona fide and in the ordinary course of trade.
Date of First Use in Commerce: This is the date when the goods were first sold or transported, or the services were first rendered under the mark in interstate or international commerce. The use of the mark must have been bona fide and in the ordinary course of trade.
The renewal timeframe for a trademark is between the 9th and 10th year anniversary of the trademark registration, and then in ten-year intervals. It is important to be aware that the USPTO also requires a registrant to provide an affidavit at the 5th and 6th years of ownership stating that the trademark is still being used in commerce. Failure to comply with the renewal timeframes or the affidavit requirements will result in the cancellation of the trademark registration.