Boulder Trademark Attorney

Protecting Your Trademarks in Boulder

Trademarks are one of the most important assets of a business. They distinguish your products and services from those of your competitors. Trademarks are the heart of a brand.

We help clients with all aspects of trademark law, from the selection and clearance of trademarks to the registration of trademarks with the United States Patent and Trademark Office (USPTO) and foreign trademark offices. We also counsel our clients on how to properly use their trademarks to maintain their rights and how to avoid infringing the trademark rights of others.

Need help with a trademark issue? Contact us online or call us at (719) 358-2561 to schedule a consultation with one of our Boulder trademark lawyer.

What Is a Trademark?

Trademarks are generally words, phrases, logos, or symbols that are used to identify the source of a particular good or service. Trademarks are used to distinguish products or services in the marketplace.

It is important to understand that a trademark is different from a copyright and a patent. A trademark is a word, phrase, logo, or symbol that is used to identify the source of a particular good or service. A copyright is a form of protection for original works of authorship, including literary, dramatic, musical, and artistic works. A patent is a limited duration property right relating to an invention.

What Are the Benefits of Registering a Trademark?

Registering a trademark offers several benefits.

The benefits of registering a trademark include:

• Constructive notice to the public of the registrant's claim of ownership of the mark;
• A legal presumption of the registrant's ownership of the mark;
• The exclusive right to use the mark in connection with the goods or services listed in the registration;
• The ability to bring a federal action concerning the mark;
• The use of the U.S. registration as a basis to obtain registration in foreign countries;
• The right to use the federal registration symbol “®”; and
• The ability to file the U.S. registration with the Internet Corporation for Assigned Names and Numbers (ICANN) to prevent others from using a domain name that is similar to the registrant's mark.

What Is the Trademark Selection and Clearance Process?

Before you select a trademark and begin using it in commerce, it is important to determine whether the trademark is available for use and registration. A trademark search and clearance opinion will provide you with the information and analysis you need to make an informed decision.

The trademark search and clearance process typically involves the following steps:

• Identify the goods and/or services with which the trademark is being used or will be used.
• Identify the market area in which the goods and/or services are being offered or will be offered.
• Conduct a trademark search to identify any third-party trademarks that are similar to the trademark.
• Review the trademark search results and conduct an analysis to determine whether the trademark is available for use and registration.
• Prepare a trademark search and clearance opinion and discuss the results with the client.

What Is the Trademark Application Process?

The trademark application process is more complex than most people realize. It is important that your trademark application is properly prepared and filed with the USPTO. Any mistakes made during the application process can result in delays in the registration of your trademark or, worse, the complete loss of your trademark rights.

The trademark application process typically involves the following steps:

• Identify the goods and/or services with which the trademark is being used or will be used.
• Identify the basis for the trademark application.
• Select the appropriate trademark application form.
• Prepare the trademark application and submit it to the USPTO.
• Respond to any Office Actions issued by the USPTO.
• Prepare and submit a Statement of Use or a Request for an Extension of Time to File a Statement of Use.
• Respond to any Office Actions issued by the USPTO.
• Prepare and submit a Declaration of Use and a Declaration of Incontestability.
• Pay the appropriate fees.

What Is the Trademark Maintenance Process?

Once your trademark has been registered with the USPTO, it is important to periodically maintain your trademark registration. The USPTO requires trademark owners to file certain documents and/or pay certain fees to maintain their trademark registrations. Failing to timely respond to the USPTO's maintenance requirements will result in the cancellation of your trademark registration.

The trademark maintenance process typically involves the following steps:

• Continue using your trademark in commerce.
• Prepare and submit a Declaration of Use and a Declaration of Incontestability.
• Pay the appropriate fees.

Contact Our Boulder Trademark Lawyers Today

If you need help with a trademark issue, contact us online or call us at (719) 358-2561 to schedule a consultation with one of our Boulder trademark attorneys.