Business Trademarks

Trademarks

Our Denver law firm focuses on intellectual property and brand protection, including trademark searches to clear a mark for use and registration; applications for registration with the U.S. Patent and Trademark Office; monitoring existing marks; and strategic enforcement and defense.  We work on either a flat fee or hourly basis, depending on the client's preference.   We can work with trademark investigators to facilitate follow-up activities, such as test purchases, in-depth investigations, reputation monitoring, and litigation.

We work with clients one-on-one to come up with the best strategy for each situation.   Our trademark legal services include the following:

  • Trademark searching and comprehensive trademark clearance: we help you determine whether a proposed brand (name or design) is available for use and registration!

  • Trademark applications for  registration with the United States Patent and Trademark Office (USPTO)

  • Responses to USPTO Office Actions

  • Proof of pending Federal registration, to help Amazon sellers

  • Monitor new applications filed with the USPTO  to determine if they are problematic with respect to client's existing trademarks

  • Provide recommendations for formal or informal actions to take against potential infringers

  • Draft or respond to cease and desist letters for trademark infringement or dilution 

  • Service mark, certification mark, and collective mark searches, clearances, and registrations

  • File or respond to Trademark Trial and Appeal Board opposition and cancellation proceedings.

By hiring an experienced trademark lawyer, you ensure that everything is done properly – that you’re not infringing on anyone else’s trademark and that you won’t have legal issues down the line.  Anyone can click the buttons on the USPTO website - but we can help you think through a comprehensive intellectual property clearance and protection strategy before you do that. 

Click here for the Updated TM Client Process Flowchart

 

How we work: Flat fee or Hourly

   Hourly Representation   

We will be as involved in the trademark search and application process as you want us to be, and time will be billed on an hourly basis (rates vary depending on the personnel involved).   There is a $650 minimum fee. 
Please note however, that we can NOT "just file the application" for you if you have not first performed a clearance search using a reputable third party search company within the last five business days.  We feel that is a waste of time, and it wouldn't be ethical to file an application if we are not sure it is truly available for use or registration.   So, even if you are engaging us on an hourly basis, we'll still take you through the whole rigamaroll of searching and analyzing the availability of your proposed mark for use and registration.   The search and analysis process usually takes a few hours, though it can sometimes be done more quickly, and sometimes it takes a whole lot longer if your search report results look ugly.

Flat Fee Representation 

Most clients choose to have us handle the entire trademark application and registration process for them.  We charge a flat fee for the whole process, from the initial search through final registration.  We are not the least expensive solution out there - but we are amongst the most experienced, and have a high rate of success achieveing trademark regsitration  with the U.S. Patent and Trademark Office.  

Services
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The Academy, L.A
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Bamboo, Santa Barbara
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Cheers, Santa Cruz
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The Roxy, San Francisco
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What's a trademark?

A trademark is any word, phrase, name, logo, symbol, or device such as a sound or color (or any combination of these) that is used to identify a particular good or service and distinguish it from other products and services.   Trademark owners actually have "common law" rights in trademarks beginning on the date of first use, within the geographic area in which the mark is used for particular goods or services.  

You’re not required to register your trademark, but by doing so, you claim the exclusive nationwide right to use the mark in connection with the particular goods or services, which is important for brand protection.   Most businesses invest a significant amount of marketing money in branding.  We can help you do it the right way so that you don’t waste your money or have issues down the road.

Attorney Tamara Pester is a Colorado SuperLawyer focusing on Trademarks and has created an online Learn Trademarks Class.  The firm also offers trademark monitoring packages. 

Person searching trademarks on laptop