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If you seek trademark registration or trademark protection in southwest Michigan, contact one of Revision Legal’s trademark attorneys today at 269.281.3908.
Kalamazoo and southwest Michigan have a robust business community spanning craft brewing, healthcare, manufacturing, technology, and professional services. Companies that invest in building a brand — a distinctive name, logo, or product identity — need to protect that investment before competitors or bad actors appropriate it. A trademark registration with the USPTO is the most effective tool available to protect a brand at the federal level, and it is far less expensive than litigation after the fact.
Without federal trademark registration, your rights are limited to the geographic area where you actively use the mark. A competitor in another state can build a brand around the same or a similar name, obtain a federal registration, and then demand that you stop using your own mark — even if you used it first locally. Federal registration provides nationwide priority from the date of filing and eliminates this risk.
Trademark registration through the USPTO is a multi-step process that requires careful attention at each stage. The steps are as follows:
Before filing, a thorough clearance search is essential. A professional search reviews the USPTO’s Trademark Electronic Search System (TESS), state trademark registries, and common law uses of the mark to identify any potentially conflicting registrations or uses. A mark that appears clear on the surface may conflict with a prior registration in a related goods or services category. Identifying conflicts before filing saves the cost of a rejected application, a refusal after examination, and — most importantly — the cost of rebranding after you have already invested in the mark.
The application filed with the USPTO must identify the mark, the goods or services with which it is used (described using the USPTO’s classification system), and the basis for filing. Applications can be filed on the basis of actual use in commerce (Section 1(a)) or on the basis of a bona fide intent to use the mark in the future (Section 1(b)). Intent-to-use applications allow you to establish a priority date before your product or service is publicly available — a significant strategic advantage.
A USPTO examining attorney reviews the application and issues an Office Action if there are problems — likelihood of confusion with an existing registration, descriptiveness issues, or technical deficiencies in the identification of goods or services. Responding to Office Actions requires legal analysis and argumentation. A poorly drafted response can result in a final refusal. Revision Legal’s trademark attorneys have responded to hundreds of Office Actions and understand the arguments that move examiners.
If the application passes examination, the mark is published in the Official Gazette for a 30-day opposition period. Third parties who believe the mark will harm them can file an opposition proceeding before the Trademark Trial and Appeal Board (TTAB). Revision Legal represents both parties in TTAB proceedings — filing oppositions on behalf of clients whose existing marks are threatened and defending applications against frivolous oppositions.
Upon approval, the USPTO issues a registration certificate. The registration must be maintained through periodic filings: a Section 8 Declaration of Continued Use between the fifth and sixth anniversary of registration, a Section 15 Declaration of Incontestability (optional but highly advisable) during the same window, and a combined Section 8 and 9 renewal between the ninth and tenth anniversary. Failure to file maintenance documents results in cancellation of the registration.
When another party uses a mark that is confusingly similar to yours in connection with similar goods or services, you have a cause of action for trademark infringement under Section 32 of the Lanham Act (15 U.S.C. § 1114) for registered marks, or Section 43(a) (15 U.S.C. § 1125(a)) for unregistered marks. Remedies include injunctive relief, disgorgement of the infringer’s profits, actual damages, and in cases of willful infringement, treble damages and attorney’s fees.
Revision Legal has litigated trademark disputes in federal district courts including the Western District of Michigan, which covers Kalamazoo, Grand Rapids, and the surrounding region. We have also handled matters in the Eastern District of Michigan and in courts around the country for clients with national brands.
If you need trademark registration, enforcement, or litigation representation in Kalamazoo or southwest Michigan, contact Revision Legal at 269.281.3908 or complete the contact form on this page. Our trademark attorneys have the experience to guide your brand through the registration process and the litigation skills to defend it when it comes under attack.
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