Trademark Blog

Which Type of US Trademark Search is Right For Me?

us trademark search

You want to conduct a US trademark search in order to determine the availability of a particular trademark for your exclusive use and registration with the United States Patent and Trademark Office (USPTO).  A US trademark search also helps to minimize the chances of being successfully sued for trademark infringement by someone who owns rights in an identical or confusingly similar trademark.  In turn, it reduces the risk of losing the goodwill and public recognition associated with your valuable trademarks, not to mention the significant amount of money and time you put into creating and publicizing your trademarks and building your brand awareness.

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Do Cheap Trademark Registration Services Provide Good Value?

cheap trademark registration

Please review my flat fee trademark pricing.  Then read on to learn more about cheap trademark registration.

I know from working with people just like you that you’re probably concerned about cost.  You very likely have a budget in mind that you need to stick to.  At the end of the day, you’re looking for the option that provides you with the best possible value for your hard-earned money.  But, you should always keep in mind that the cheapest rarely ever equals the best value.  This is especially true when it comes to cheap trademark registration services.

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What is a Trademark Cancellation? How Do I Cancel a Trademark?

trademark cancellation

A trademark cancellation is a legal challenge to the continued registration of a particular trademark.  A trademark cancellation is started off by electronically filing a petition for cancellation with the Trademark Trial and Appeal Board (TTAB) through the ESTTA system and paying the required fee.  In most cases, a petition for cancellation of a trademark registration on the Principal Register must be filed within five years of the date that the registration issued.  However, there are some limited circumstances under which a registration on the Principal Register may be canceled at any time.  Conversely, a trademark registration on the Supplemental Register can be canceled at any time.

There are a few thousand trademark cancellations filed every year, which is really only a tiny fraction of the number of trademark registrations that are granted every year by the United States Patent and Trademark Office (USPTO).

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What is a Trademark Opposition? How Do I Oppose a Trademark Application?

trademark opposition

A trademark opposition is a legal challenge to the right to register a particular trademark.  There are thousands of trademark oppositions filed every year, which certainly sounds like a lot, but is actually quite small relative to the number of trademark applications filed annually.

A trademark opposition is initiated by electronically filing a notice of opposition with the Trademark Trial and Appeal Board (TTAB) through the ESTTA system and paying the required fee.  The notice of opposition must be filed within 30 days of the date that the trademark application is published for opposition, unless a request for an extension of time to oppose is filed with the TTAB (which is usually automatically granted).  If you unfortunately miss the opposition window, then you’ll need to wait until the trademark actually registers and then file a trademark cancellation against the registration.

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LegalZoom Trademark Registration – A Flawed and Deficient Trademark Service

legalzoom trademark registration

I once received a telephone call from a guy located in Florida who was on the verge of opening a new business.  Apparently, he was thinking about using the LegalZoom trademark registration service to prepare and file his trademark application.  For those of you who don’t already know, LegalZoom is a do-it-yourself trademark service.  It’s not a law firm and it can’t offer any legal advice or guidance.  People who are looking to register a trademark with LegalZoom (God forbid) are asked to fill out a questionnaire that resembles the official USPTO trademark application form provided by the United States Patent and Trademark Office (USPTO).  They submit their responses to LegalZoom along with a payment that covers LegalZoom’s service charge and the government filing fee for the trademark application.  Without checking for accuracy or completeness, LegalZoom transcribes the responses onto the USPTO application form and submits it on behalf of its customers.  There’s absolutely no review by LegalZoom as to whether the trademark is even eligible for registration, which is a problem considering that there are many categories of trademarks that are completely barred from being federally registered.

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