What is a trademark or servicemark?
A trademark is a word, name, symbol, or device that is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others. A servicemark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. The terms "trademark" and "mark" are commonly used to refer to both trademarks and servicemarks.

Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark. Trademarks which are used in interstate or foreign commerce may be registered with the U.S. Patent and Trademark Office (USPTO) for nationwide protection.

How long does a trademark last?
Rights in a federally-registered trademark can last indefinitely if the owner continues to use the mark on or in connection with the goods and/or services in the registration and files all necessary documentation in the USPTO at the appropriate times. The Law Office of Xavier Morales can assist you with filing these documents to maintain your trademark registration.

What is the difference between the notations TM, SM and ®?
Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.

What is an "Office Action"?
An "Office Action" is a letter from the USPTO setting forth the legal status of a trademark application. If your trademark application receives an "Office Action" from the USPTO, you may require legal assistance to properly respond to the issues raised by the Office Action. The Law Office of Xavier Morales can assist you with a proper response to the Office Action. Absent such a response, your trademark application may go abandoned, and you may lose your valuable trademark rights.

Are there any additional costs?
There is a government filing fee of $325 per class of goods/services with any trademark application in addition to the attorney costs to prepare the application. Our Trademark Registration Service does not include responding to substantive USPTO challenges or third party oppositions to the trademark application. When appropriate, the Law Office of Xavier Morales can be retained at a low hourly rate to represent you before the USPTO.

For additional information or for a free consultation, contact Mr. Morales.