WHY SHOULD I OBTAIN A TRADEMARK?

  • Prevents competitors from using the same or similar brand for as long as the business exists
  • Customers will gain trust and be more loyal to your company through brand recognition
  • Monetize by licensing or selling your brand to up or downstream suppliers/retailers

The USPTO bestows trademark registrations for word marks and design marks (logos) that have demonstrated that those marks are distinctive and that they were the first to use that mark for that specific kind of good or service. Trademark rights prevent another company from using the same or similar mark for the same type of goods (called classifications) anywhere in the United States. Federal Trademark registration rights exist alongside state and common law rights, but tend to be more comprehensive because they provide protection federally, across all 50 states. Bold Trademark Attorneys are prepared to help you conduct the research needed to confirm your mark is distinctive and registrable as well as help you apply for and acquire the trademark rights you need to grow and scale in competitive markets.

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Trademark Law Search & Opinion

Better safe than Sorry! Bold Patents will do a comprehensive search of the public trademark databases and provide an opinion as to whether your proposed design or mark meets the standards of eligibility and whether it is different enough from other marks in commerce to be able to achieve registration. In order to be able to stake your claim on a brand design or work mark, there must be no other confusingly similar design or mark in the same competitive field as your business.

No Search Pro Search Trademark Attorney Search
Requirements for Trademarking Eligibility, Distinctiveness, Not Confusingly Similar Unknown: There has been no search performed at all Unclear: The results are only partial and not thorough Confirmed: Complete, domestic search
Trademark Application Implications Weakest: Surface level, no reference points, does not cover areas of distinctiveness at all Weaker: Lacking in detail, reference/classification guessing, surface level Strong Trademark Application: all reference points and differentiators with clear direction on classifications
Your Time Very High Risk to missing eligibility standard and obvious potentially confusing marks Your time spent searching instead of building a business or planning; high Risk to missing eligibility standard and obvious potentially confusing marks Time spent building your business, learning about competitors and adapting as needed to change
Your Money Waste of money spent on trademark application and fees Waste of money spent on trademark application and fees Money well invested in doing the right thing
Legal Analysis None None Includes Legal Analysis
Legal Opinion None None Includes Legal Opinion
Consulting/Advising None None Full access to Trademark Attorney who will be Dedicated to your case
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Trademark Application

This is your brand. Be Bold! Work with our talented attorneys to claim State and Federal Trademark Application for your business’ name, brand, design or trade dress. We will work with you and really get to know and understand your business, your goals and vision. Knowing your business is our business – and representing you before the USPTO is what we do every day. The most important part of assuring you capture the right registration is assuring it lines up with your business goals now and in 5, 10 and 15 years from now.

No Trademark File it Yourself Trademark Attorney Filing
Marketshare Unknown: There has been no search performed at all Unclear: The results are only partial and not thorough Confirmed: Complete, world-wide search including non-patent literature
Value Zero Value Minimal value, based on limited scope of rights and non-existent or very poor drafting Strong value and knowledgeable legal expert affirms classifications and mark definition
Investors Very High Risk to missing obvious prior art No accredited investor would assume any value from a pro-se trademark applicant High value given toward the asset as it was well written and drafted with enforcement in mind
Growth Improvements on business/mark are not captured because core business was not protected at all Very High risk that business changes will be unprotected as core business was not protected with improperly scoped application Zero Risk that improvements will be unprotected because core business was protected with properly scoped application
Consulting/Advising None None Full access to Trademark Attorney who will be Dedicated to your case
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Trademark Monitoring

Once you get your trademark registered, the hard work of enforcing your brand beings! Let us work hard in your corner to provide you with an initial landscape analysis of all of the competing products/services that are encroaching or infringing your rights you have on your word mark or logo. The analysis will uncover anyone that may be currently infringing on your registered trademark. Then, periodically, we will provide you an ongoing monthly monitoring service that fits your needs. Monitoring is critical to ensuring you and your team are staying abreast of potential infringers! Let us know what level of monitoring you need.

Trademark Litigation Support

Bold Patents stands ready to represent you and your business in litigation to defend against trademark infringement claims or to help you pursue and defend your registered mark against a would-be infringer. Bold Patents looks for opportunities to settle with opposing parties before court costs and lengthy proceedings begin by arranging licensing or purchase agreements.

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