HOUSE OF TRADEMARK®

WHAT IS TRADEMARKING

Trademarks are a form of Intellectual Property associated with what you use to advertise your Brand. Trademarks protect your business name, logo, slogan, or sound from being stolen by others selling a similar good or service.

According to the United States Patent and Trademark Office, a trademark typically protects brand names and logos used on goods and services. A trademark identifies goods or services as being from a particular source. Use of a business name does not necessarily qualify as trademark use, although use of a business name as the source of goods or services might qualify it as both a business name and a trademark.

Here, at The Law Office of CB, we apply for Trademark Registrations with the United States Patent and Trademark Office. This ensures that your symbol, sound, phrase, slogan, business name, etc. has protection on the federal level. That is, throughout the United States.

We offer Trademark Packages, Trademark Renewals, Trademark Searches, and Office Action Responses (Substantive and NonSubstantive). (all described below)

What happens if my brand is protected via Trademark, and someone uses it anyway?

If all Trademark Registration protocols are followed, and the United States Patent and Trademark Office approves registration of your trademark, you will receive a certificate of authentication. This document is sealed and certified by the office. If someone infringes on your Trademark rights your attorney can issue a cease and desist letter. The infringing party must cease all activities with use of your registered mark. If the infringement continues, your attorney can and will take all parties involved to court. This will ensure that any profits received from your business name and activities conducted under your business name, by the infringing party ceases.

HOUSE OF TRADEMARK® PACKAGES

All Trademark Package purchases include all aspects of the application process. Basique Package includes 1 application, Luxe Package includes 2 applications, and Vogue Package includes 3 applications. The packages that offer multiple applications can include any variation of business names, logos, and slogans.

  • Discovery Call so Attorney Christina Bryant can get to know your brand and the owner(s)
  • A Trademark Search to discover if there are any conflicting marks, any similar marks, or any obstacles to registering your mark
  • An opinion letter, giving the client insight on moving forward with the application
  • Filing of application with the United States Patent and Trademark Office (USPTO)
  • This price includes the USPTO Filing Fee
  • Response to Non-Substantive Office Actions from the USPTO (Substantive Office Actions Require an additional fee)
  • A certified copy of your Trademark Registration Certificate from the USPTO
  • ONE Class of protection per application is included in each package (any additional classes should be added in the shopping cart separately)

Purchase of this package does not include matters handled before the Trademark Trial and Appeal Board (TTAB). TTAB matters will be handled accordingly after Consultation.

SEARCH ONLY

This service is for you if you are thinking about registering a mark, but do not know if it is available. You are not ready to pull the trigger on filing your application yet, but would like some insight on search results.

This service is also for those who are in the process of building a new business, and you want to know whether or not your name is available for legal protection before you commit to fully forming your business.

The Search Only Package purchase includes the searching aspect of the trademark application process.

  • Discovery Call
  • A search of the USPTO Database for any conflicting marks
  • Opinion Letter
  • No application filing
  • No Office Actions or Office Action Responses

OFFICE ACTION RESPONSES

This package is only available to you if you already have a filed Trademark Application, and the USPTO has issued an Office Action Response.

A USPTO Office Action is issued by the Trademark Office when the examining attorney has found any legal issues with your application. These issues can be Procedural (Non-Substantive) or Substantive. All legal issues are to be addressed in a response to a USPTO Office Action.

2 TYPES OF OFFICE ACTION RESPONSES

1) NON-SUBSTANTIVE/PROCEDURAL

This type of Office Action Response means that there is a procedural issue such as -disclaimer needed, -clarification of goods/services, -use of mark, etc.

Non-Substantive Office Actions indicate that there is an issue with the manner in which the Trademark was applied.

2) SUBSTANTIVE

Substantive Office Actions indicate an issue with the trademark itself. Most likely there is a -likelihood of confusion with another mark, -merely descriptive mark, and more.

Substantive Office Actions require Analysis of Trademark Law. These types of Office Action Responses require an extensive amount of time compared to a Procedural/Non-Substantive Office Action Response.

PURCHASING AN OFFICE ACTION RESPONSE

The Law Office of CB, LLC will become your Attorney of Record and issue a response to the USPTO’s Office Action. We will address every legal issue with care. We will dedicate our time to trying to secure a Registration for your brand.

TRADEMARK RENEWAL

The Law Office of CB, LLC will file your Trademark Renewal for you!

This service is for you if you fit the description below:

You already have a registered trademark

Your 10 year renewal period is approaching or due

Purchase the Trademark Renewal Package in the “Shop” tab, and we will get it handled for you. This will avoid your application status showing as abandoned on the USPTO website.

REFUND/CANCELLATION POLICY

If you pay to get your trademark application filed and registered, but the name of your business is already trademarked by someone else, you can submit a new name to trademark or request a refund. A $375 lawyer research fee for each mark searched will be deducted, the rest will be returned to you.

Once you approve submission of your Trademark Application, there are no refunds. All Fees are earned upon approval of moving forward with filing.

The Trademark Package fee includes certain aspects of filing the application, as well as responding to Non-Substantive Office Actions. Substantive Office Actions are NOT included. In addition, Trademark Trial and Appeal Board Proceedings are NOT included in the Trademark Package rate.