Intellectual Property

To trademark a name or symbol (usually a logo) that represents a product or service, you must first confirm that it isn’t already being used by someone else. Assuming the name or symbol you have in mind is available, it’s now a matter of whether it qualifies based on two primary defining criteria: (1) how distinct your name is, and (2) whether it could be confused with another brand already in use.

Here’s an example, let’s say you’ve come up with an incredible name for a new clothing line for athletes. First, you need to make certain the name is distinct and not merely a description of the product you want to trademark – for example: “RUN FAST SHOES.” Second, you need to be sure no one else in the marketplace is already using a similar name to identify their brand.

Confused? Don’t worry, Carbon Law Group is here to help. When you are ready to start the trademark process we will conduct a comprehensive trademark search identifying marks that could prevent your registration or undermine your rights.

While these sorts of reports are available from online trademark services, they simply churn out a list of search results and fall gravely short on analysis. At Carbon Law Group, our seasoned attorneys and paralegals prepare a comprehensive report that evaluates the legal significance of our findings to give

Sadly, even with the best search, you may have an aggressive brand opposing your mark even if the USPTO finds it worthy of registration. Carbon Law Group’s attorneys can help you fight for your trademark against trademark bullies or help you find a new name that is less susceptible to an opposition. No matter what, we are here to support you along the way and help you secure and build the strongest brand possible. 

A Statement of Use is a declaration filed after your initial trademark application showing use in interestate commerce.

One of the primary requirements for trademark registration is that a mark is used in interstate commerce–meaning sales accross state lines. However, in contrast to other countries, the USPTO, has a special exception where trademark applicants can file under “intent to use” to preserve the rights to a name they are not currently using in commerce. There are, however, two caveats applicants must be aware of: (1) the filer has six months to use the mark from time the USPTO issues a “notice of allowance” (this time can be extended up to three years), and (2) there is a filing fee associated with filing the Statement of Use (or extension) (this fee depends on the number of classes in which you are using your mark).

Trademark infringement requires proving two main elements: (1) you have a valid trademark right, and (2) the unauthorized use of your trademark causes consumer confusion.

Enforcing you trademark against possible infringements is critical to the preservation of your trademark registration. This means taking proactive steps to protect your trademark through sending a Cease and Desist letter or filing a lawsuit. A failure to protect your trademark registration may jeopardize your trademark rights.