Creating and Protecting Intellectual Property Rights
Almost anything can be eligible for registration as a trademark.
A word, phrase, image, color, or sound can earn registration if you are using it in commerce (or you plan to) and it is distinctive.
Trademarks can be registered with a state or the U.S. Patent and Trademark Office. State-level registration protects your mark only in Virginia but it’s a good option if federal registration is unavailable. Registration with the USPTO provides many benefits: you own nationwide rights to your mark; it establishes a date of first use; if someone infringes your mark, it’s easier to recover money damages including attorneys’ fees.
When applying to register a mark, it is essential to get the scope of protection right. Your application must be carefully drafted to accurately classify and describe your product or service so you get the legal protection you deserve.
You’re ready to register your awesome trademark.
What should you consider?
There are lots of websites that will file your trademark application. That’s all they are – a filing service. They will help you fill out the application and file it, but they don’t advise you. It’s cheap and fast but it is unlikely to provide an appropriate scope of legal protection.
Dunlap Law’s attorneys talk with you to determine what goods and services you are providing under the trademark. Then we draft a description that maximizes the scope of your legal protection and increases odds of success for your application. We also evaluate the right “Class” or “Classes” for your mark which also impacts the scope of your legal rights. The more Classes associated with your mark, the broader your legal protection but there is a filing fee for each class.
We find the sweet spot between having as many classes as possible – thus the broadest protection possible – without spending money unnecessarily.