Questions that come up about trademarks
Getting a trademark consists of the application, responding to any office actions that come in, and paying the registration fees.
We understand that securing a strong trademark for your business is crucial for establishing and protecting your brand identity. Our mission is to provide tailored legal solutions to businesses of all sizes, from startups to established companies, guiding them through the intricacies of trademark registration and enforcement.
We are a dedicated team of legal professionals handling new trademark registrations. With years of experience, our firm focuses on helping businesses and individuals navigate the complex process of trademark registration and new trademark applications.
Learn MoreGetting a trademark consists of the application, responding to any office actions that come in, and paying the registration fees.
A trademark is good forever as long as it is renewed. Renewal is every ten years with certain other deadlines in the first ten years.
Yes!! First, you must be using the trademark in commerce. Second, you must renew the trademark every ten years. However, during the first ten years, there are other filings required. Specifically, between the fifth and sixth year you must file a Declaration of Use. Then between the 9th and 10th years (19th/20th, 29th/30th, etc) file a Declaration of Use and an Application for Renewal Under Sections 8 and 9. An optional filing is the Declaration of Incontestability. This means your mark has been in continuous use for at least five years..
Trademark registration depends on actual use in commerce. Thus, your actual use puts you well on your way to registration.
We will assist you with all aspects of your new or existing trademark registration. We have handled office action abandonments, foreign registrations, mainteance fees, and intent to use.
We watch the calendar and assist with timing of Section 8 and other renewal requirements
At the beginning we will perform an inital trademark knockout search and check public records
Schedule an appointment with Florida Trademark to discuss your unique trademark needs. Whether it is a cease and desist letter you received, someone infringing your trademark, or you are desiring to register a new mark. Click to schedule a free 10-minute call.
The Law Office of John R. Nelson, P.A. will handle your trademark application. The firm primarily focuses on intellectual property law, specifically trademarks and patents. The firm helps clients protect and enforce their intellectual property rights by guiding them through the application process, conducting comprehensive searches, drafting legal documents, and representing them in any necessary dealings with the USPTO.
Registered Patent Attorney, member Florida Bar
In order to obtain a trademark, you typically need the following:
Your trademark must be unique and distinctive in the marketplace. It should not be generic or descriptive of the goods or services you provide.
You must actually use the trademark in commerce to identify and distinguish your goods or services. Simply having an idea or intention to use the mark does not qualify.
You need to provide a specimen or example that demonstrates how the trademark is used in connection with your goods or services. This can be a label, packaging, advertisement, website screenshot, or any other evidence of actual use.
You must specify the class of goods or services for which the trademark is being used. This helps to determine if there are any similar marks already registered in that class.
After filing your application application, it will go through a review process by the trademark office. During this process, the application will be examined for any potential conflicts with existing trademarks. If approved, the trademark will be published for opposition, allowing others to oppose the registration if they believe it may cause confusion with their existing trademarks. If no oppositions are filed, or if any oppositions are successfully resolved, the trademark will be registered.
Please send your questions about trademarks. By sending a message via the contact form below we have NOT entered into an attorney-client relationship.
204 Cessna Blvd, Port Orange, FL 32128
john.nelson@lawofficejrn.com
+1 386-256-8537