Welcome to DetroitTrademarks.com

Operated by AU LLC, DetroitTrademarks.com quickly and conveniently illustrates various trademark-related services we provide and the rates and timelines by which those services are generally accomplished.

Contact Us if you have any questions about protecting your brand and word marks, logos, and other source-identifiers.  Initial consultations are free, confidential, and without obligation.

Trademark Search

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Trademark Application

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Trademark Renewal

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Trademark Application

The trademark application process starts with a branding decision – what is the particular word, symbol, tone, smell, or other source identifier with which you want to associate your goods and/or services?

A trademark application may be based on current use [Section 1(a)], an intention to use [Section 1(b)], or a foreign application or registration [Section 44(d) and Section 44(e), respectively].  Moreover, an application can be directed to the Principal Register or Supplemental register, and the USPTO offers three (3) separate application formats – TEAS+, TEAS RF, and TEAS – each which their own fees and requirements.

Prosecuting trademark applications before the USPTO is generally more or less complicated depending on the mark for which trademark protection (i.e., a registration) is being sought.  Common pitfalls in the trademark application process include:

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Not conducting a thorough clearance search.  A search can start with Google, but it must involve scouring the USPTO’s Trademark Electronic Search System (TESS) and should involve investigation into relevant state business registries.  The TESS system is quite antiquated compared to a search engine such as Google and efficient TESS utilization requires a bit of practice.  You can either do this before filing the application or wait for the USPTO examiner to do so with potentially prejudicial results.

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Making the mark too descriptive.  Applicants have a tendency to (initially) brand their goods and/or services with words describing what the goods and/or services are.  Avoid doing this and remember: the more arbitrary and fanciful (i.e., invented), the better.

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Forgetting that you are applying for a registration.  Unlike filing registrations with the U.S. Copyright Office, you must apply for the right to obtain a federal registration by demonstrating to the USPTO that your mark and its use(s) meet statutory requirements.  Obtaining a federal trademark registration is not simply a matter of paying the filing fee(s).

A basic trademark application process before the USPTO is illustrated in the following flowchart:

detroit_trademarks_application_process

Trademark Renewal

The trademark renewal process occurs after the mark registers on either the Principal or Supplemental Register.  Generally, the USPTO will require that the trademark owner formally declare that it is still using the mark in commerce and thus the USPTO’s registration of that mark should be maintained.  The trademark renewal process is periodic: first, between the 5th and 6th year anniversaries of the mark’s registration and thereafter, between each successive 9th and 10th year anniversaries.

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DetroitTrademarks.com is operated by AU LLC, a law firm serving inventors, entrepreneurs, and small to mid-sized ($50M) businesses with the evaluation, protection, and transaction of trademark assets.  Further information about our practice can be found at AU-LLC.com.

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Trademark Intake Form

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We would be happy to discuss your branding goals and larger IP strategy.  Let us know and when how we may best contact you to get the conversation started.

 
 

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This communication: (i) is not a substitute for professional legal advice; (ii) does not create any attorney-client relationship; and (iii) is not a solicitation to offer legal advice. The internet is inherently insecure and Au LLC encourages you to avoid disclosing any confidential information to it through this web form.  You should seek the advice of a licensed attorney in an appropriate jurisdiction before taking any action that may affect your rights.