Trademark Registration and Prosecution
Register a trademark at the U.S. Patent and Trademark Office.
A federal trademark registration protects the business name, slogan, or logo you use in commerce. Registration isn’t required, but registering at the USPTO confers important legal benefits, protects you across all 50 states, and gives you more options in federal court.
Why work with a trademark attorney.
Attorney-filed applications. The Wall Street Journal reported in 2013 that an experienced trademark attorney improves your chances of securing a registration by 46% compared to filing without one.
Federal registration. A Colorado state trademark is also an option, but a federal registration protects you nationwide, including in Colorado, and gives you more options in federal court.
Experience at a fair price. Clients in Colorado, across the country, and around the world get our USPTO experience at a fraction of the cost of Silicon Valley or New York intellectual property attorneys.
Why register a trademark?
Protect your brand.
Make sure you are the one in control of your brand by registering it with the USPTO and adding the ® symbol.
Stop infringers.
Improve your options and legal remedies, such as a preliminary injunction and the removal of online counterfeits.
Do more with your brand.
Register and place others on notice of your exclusive ownership of your brands, logos, and slogans.
A comprehensive approach.From clearance search to the TTAB.
Legal advice. Guidance on the registration process from attorneys who know how to protect your brand from competitors who misappropriate or dilute it.
Learn more ›Clearance search. A trademark search before you file, so you know what you are up against.
Learn more ›Application preparation. Word marks, design marks, and combinations, prepared and filed by licensed trademark attorneys.
Learn more ›Office action responses. When the examiner has questions or reasons to refuse your application, we respond before your deadline.
Learn more ›Enforcement. Cease and desist notices to infringers and, if necessary, representation in federal court.
Learn more ›TTAB representation. Oppositions and proceedings before the USPTO Trademark Trial and Appeal Board.
Learn more ›Solicitation filtering. We screen out questionable trademark solicitations from unscrupulous third parties.
Learn more ›Protect what makes you recognizable.Before and after registration.
Federal registration.
Nationwide protection, filed by Colorado attorneys.
One of our Colorado trademark attorneys can file a federal trademark registration at the United States Patent and Trademark Office (USPTO) for a business name, slogan, or logo used in commerce. While a trademark registration isn’t necessary, registering the trademark at the USPTO confers important legal benefits to the registrant. The USPTO recommends retaining an experienced trademark attorney for various reasons, including crucial legal advice about the process.
Even if you are outside Colorado or outside the country, our Colorado trademark attorneys can register your United States trademark using our substantial experience filing and prosecuting hundreds of trademark applications at the USPTO, at a fraction of the cost of Silicon Valley or New York intellectual property attorneys. You can also file for a Colorado state trademark, but a federal registration protects you across all 50 states, including Colorado, and gives you more options in federal court.
USPTO fees: $350 to $550 per mark, per class (mark already in use)Our fee: flat fee
File a trademark application online ›An experienced team.
More than a filing.
Having an experienced Colorado trademark attorney team register your trademark at the USPTO adds the experience of how best to protect your brand against competitors who may be misappropriating or diluting its value.
Our team can also provide important legal advice about the registration process, conduct a trademark clearance search, prepare your application, respond to office actions from the USPTO, enforce your trademark rights, represent you before the USPTO Trademark Trial and Appeal Board, and filter out questionable trademark solicitations from unscrupulous third parties.
Enforcement.
When a competitor gets too close.
If a competitor enters the United States market using a trademark with a similar sound, appearance, or meaning to your registered trademark, our Colorado trademark attorneys can formally send the alleged infringer a cease and desist notice placing them on notice of the infringing use.
If necessary, we can represent you in federal court on a trademark infringement claim, or oppose a pending trademark before the Trademark Trial and Appeal Board (TTAB). Asserting your brand against an infringing competitor is more effective with a federal trademark registration than with common law rights alone.
What can I trademark?
What can be trademarked.
- A word, like “Apple.”
- An image, like the Apple logo.
- A slogan, like “Think Different.”
- Combinations of the above.
Trademark filings and renewals.Flat fees. Clear deadlines.
Filing an intent-to-use application.
Reserve your mark before you launch.
An intent-to-use trademark application differs from an in-use application because the applicant has not yet used the mark in commerce. It reserves the trademark and protects its filing date until the applicant can provide a specimen demonstrating “use in commerce.” This type of application requires additional fees compared to a standard application because the examiner must review additional information about the mark.
If the examiner does not take issue with the application, you will be issued a Notice of Allowance, after which you can submit a specimen and seek final approval. If you do not act after filing, or fail to respond in time to an office action from an examiner, your intent-to-use trademark will eventually be canceled or become abandoned.
Our fee: flat fee
File a trademark application online ›Converting from intent-to-use to in-use.
Tell the USPTO your mark is in use.
Once you are actively using your mark in commerce and you originally filed an intent-to-use application, the USPTO must be notified by filing a Statement of Use or Amendment to Allege Use, along with a specimen of use. If you do not file this form, your intent-to-use trademark will eventually be canceled.
Contact our firm today if you need to convert an intent-to-use application you have already filed to reflect that your mark is now used in commerce.
USPTO fee: $150 per classOur fee: flat fee
File a Statement of Use online ›Extending an intent-to-use application.
More time when you need it.
After a Notice of Allowance issues on your intent-to-use application, you have six months to show the USPTO that your mark is now actively in use. Failing to document active use in commerce will result in cancellation of the trademark.
If it is clear you won’t be ready to use the mark in commerce before the six-month period lapses, we can file a request for an extension of time on your behalf. Each extension provides an additional six months to file a Statement of Use.
USPTO fee: $150 per classOur fee: $250.00
File an extension of time online ›Register your trademark online.
Apply online for a federal trademark with the guidance of an attorney.
Register your trademarkOr schedule a consultation ›Trademark Law FAQ
What is a trademark?
A trademark can be any word, phrase, symbol, design, or combination of these things that identifies your goods or services. A trademark:
- Identifies the source of your goods or services.
- Provides legal protection for your brand.
- Helps you guard against counterfeiting and fraud.
Source: USPTO
I have a brand. Do I have a trademark?
You have a trademark, but if you are asking, you probably don’t have a registered trademark. You must also have a product or service associated with the trademark if you wish to register it. Consider speaking with an attorney to explore your options.
Is my brand eligible for a trademark?
What are you selling, and what is your brand name? Is your brand generic or descriptive, or is it more arbitrary or fanciful? These questions help assess the likelihood of being approved for registration.
I have a logo and a name. Do I need a trademark for both?
It depends. If you wish to protect each element separately, you probably want to file two separate trademark applications. You can also register a single trademark that includes both graphic and text elements, but the two will be treated together as a single trademark upon registration rather than separately.
Can I get a trademark search?
Yes. We offer trademark search, registration, and enforcement services for our clients.
Should I instead get a state trademark?
State trademarks are usually less expensive than federal trademark applications, but they do not provide the same level of protection. If you only sell your goods or services in a single state, a state trademark may be a better fit than a federal trademark.
Does my trademark last forever?
Only if you maintain it. Between the fifth and sixth years after registration, the USPTO requires a Section 8 declaration, or a combined Section 8 and 15 declaration, which also confirms that your mark is still used in commerce. If you do not make this filing, you will lose your registration. Between the ninth and tenth years after registration, and every ten years after that, the registration must be renewed. For peace of mind, our professional trademark attorneys can track these dates and let you know about upcoming deadlines.
When do I need to renew my trademark registration?
If you are still using the mark in commerce and want to keep your registration, the first maintenance filing is due between the fifth and sixth years after registration. The next is due between the ninth and tenth years, and renewals continue every ten years after that. Don’t let these important dates pass!
What does “use in commerce” mean?
An in-use application is filed for a mark that is already being used in commerce, meaning goods or services are already being sold in association with the mark when you file. For a mark already in use, USPTO fees to file a U.S. trademark range between $350 and $550 per mark, per class of goods or services. For example, protecting a mark for both clothing and coffee mugs requires payment for two classes instead of one. Both word marks and design marks can be filed as in-use applications, and our law firm can prepare and file them for you on a flat-fee basis.
What does it mean that I received an office action on my trademark application?
An office action is a formal letter from the USPTO in which the trademark examiner raises one or more questions or reasons to refuse your application. Applicants generally have three months to respond, with one three-month extension available for a fee, and responses must be complete to be accepted. Have one of our experienced Colorado trademark attorneys review your office action before your response time expires!
Can I file for a US trademark without an attorney?
If you are a foreign-domiciled trademark applicant or registrant, you must have a U.S.-licensed attorney represent you. If you are domiciled in the United States, you are not required to have an attorney. To determine whether you need a U.S.-licensed attorney, you must provide and keep current your domicile address in trademark filings.
Source: USPTO
Can I file a trademark registration on behalf of my business?
Sometimes, if you are an owner. Otherwise, under 37 CFR § 11.14(b), “Individuals who are not attorneys are not recognized to practice before the Office in trademark matters.” Licensed trademark attorneys put their names on every trademark application filed through our trademark filing services.
Someone is infringing my registered trademark. What can I do?
Before sending a cease and desist letter or going to federal court for trademark infringement, make sure the allegedly infringing use overlaps with the goods and services your registration already protects. For the most options, consult an experienced trademark attorney, like our Colorado-based team, who can quickly explain your choices and the advantages of each.