Revision Legal’s trademark registration attorneys are experts at trademark registration. Our trademark lawyers have handled trademark registration matters from companies ranging from startups to established brands. Our trademark registration attorneys will help you:
- Perform a trademark clearance to determine whether any marks may prevent against the successful registration of your trademark;
- Identify the appropriate class of goods or services for your trademark filing;
- Identify the appropriate trademark form, whether character mark, design plus words mark, or design mark;
- Draft your trademark application;
- File your trademark application with the United States Patent and Trademark Office or other trademark filing bodies; and
- Respond to any trademark office actions issued on your trademark application.
Why You Should Hire a Trademark Registration Attorney
Many business owners attempt to file trademark applications themselves, using the USPTO’s online TEAS filing system. While the system is publicly accessible and the basic filing fee is relatively modest, the do-it-yourself approach carries significant risks that are not immediately obvious to non-attorneys.
First, selecting the wrong International Class or drafting an imprecise goods and services description can result in a registration that is narrower than it needs to be — or that is refused entirely. The USPTO examining attorney reviews applications for compliance, and a poorly drafted description often generates an Office Action requiring clarification or amendment. Responding to Office Actions requires knowledge of USPTO practice and procedure that most business owners do not have.
Second, failing to conduct a thorough clearance search before filing can result in registration of a mark that infringes on an existing registration — and the resulting conflict can require costly litigation or rebranding. A comprehensive search examines not only the USPTO database but also state trademark records, common-law uses, and domain registrations. An attorney provides a written clearance opinion that assesses the risk of adoption and registration, allowing you to make an informed decision before you commit.
Third, the USPTO increasingly requires applicants — even those filing for use-based applications — to provide specimens of use that properly demonstrate how the mark appears in actual commercial use. Submitting an improper or insufficient specimen is one of the most common causes of Office Actions. An experienced trademark attorney knows what constitutes an acceptable specimen for different types of marks and goods or services.
Office Actions: What Happens When the USPTO Objects
Office Actions are formal communications from the USPTO examining attorney that raise objections to a trademark application. The most common grounds for refusal include: (1) likelihood of confusion with an existing mark under Section 2(d) of the Lanham Act; (2) mere descriptiveness or deceptive misdescriptiveness under Section 2(e); (3) failure-to-function — the mark does not actually function as a source identifier; and (4) improper specimen or identification of goods or services.
Responding to an Office Action effectively often requires legal argument, submission of evidence (such as declarations of acquired distinctiveness or third-party consent agreements), and persuasive analysis of the relevant legal standards. An applicant who receives a likelihood of confusion refusal, for example, needs to analyze the du Pont factors and distinguish the cited mark from their application in a legally coherent way. Poorly written responses can result in final refusals that require expensive appeals to the TTAB or the Federal Circuit.
International Trademark Registration
Our trademark registration attorneys can also provide you with international trademark registration through WIPO’s Madrid Protocol system and direct filings with national trademark offices. If your business sells products or services outside the United States, a U.S. registration provides no protection abroad. Revision Legal works with foreign counsel in the European Union, Canada, China, Japan, Mexico, Australia, and other jurisdictions to secure trademark protection wherever your business needs it.
Hiring a trademark registration attorney to file your trademark application will increase your likelihood of achieving registration and ensure that your registration, when it issues, actually protects your brand. If you seek a trademark registration attorney, contact Revision Legal today at 855-473-8474 or through our online contact form.
Maintaining Your Trademark Registration
Obtaining a trademark registration is only the beginning of the brand protection process. Federal trademark registrations require ongoing maintenance to remain valid. Between the fifth and sixth year after registration, the owner must file a Declaration of Use (Section 8) confirming that the mark is still in use in commerce. At the ten-year mark — and every ten years thereafter — the owner must file a Combined Declaration of Use and Application for Renewal (Section 8 and 9). Failure to file these maintenance documents results in cancellation of the registration.
Additionally, trademark owners can strengthen their registrations by filing a Declaration of Incontestability (Section 15) between the fifth and sixth year, provided the mark has been in continuous use for five consecutive years since registration and no final decision has been entered against the mark. An incontestable registration is immune from most challenges to its validity, providing a stronger platform for enforcement.
Revision Legal’s trademark registration attorneys can also provide you with international trademark registration and trademark monitoring. Hiring a trademark registration attorney to manage your portfolio will ensure that your registrations remain in force and that your marks are protected nationally and internationally. If you seek a trademark registration attorney, contact Revision Legal today at 855-473-8474 or through our online contact form.
Why Work with Revision Legal?
Revision Legal is a national intellectual property and internet law firm that represents clients across the United States in trademark, copyright, trade secret, and internet law matters. We are a firm of specialists — not general practitioners who handle IP work as one component of a broad practice, but attorneys whose entire professional focus is on the intersection of technology, creativity, and commerce.
Our attorneys have handled cases at every level of the federal court system, including the United States Court of Appeals for the Federal Circuit, the Sixth Circuit, the Ninth Circuit, and before the Trademark Trial and Appeal Board. We manage trademark portfolios for hundreds of clients, ranging from individual entrepreneurs registering their first mark to publicly traded companies maintaining global trademark portfolios across dozens of countries.
We believe that access to expert legal counsel should not depend on the size of your organization. Revision Legal’s flat-fee service model for routine IP matters — trademark registration, copyright registration, DMCA notices, and standard licensing agreements — allows small businesses, startups, and individual creators to access the same quality of legal representation that larger companies receive, at a price that is predictable and fair. For complex litigation and contested proceedings, we work efficiently to achieve the best possible outcome for our clients while managing costs responsibly.
Whatever your intellectual property or internet law need — whether you are protecting a new brand, enforcing your rights against an infringer, defending against a legal demand, or navigating a complex licensing transaction — Revision Legal has the expertise to help. Contact us today at 855-473-8474 or through our online contact form to discuss your matter.
Revision Legal’s attorneys bring deep subject matter expertise and practical experience to every engagement. We have helped hundreds of Michigan and national clients protect and enforce their intellectual property rights, navigate complex internet law issues, and build legal frameworks that support long-term business success. Our flat-fee service model for standard IP matters ensures that you know exactly what representation costs before we begin, with no hourly surprises. For complex litigation and contested proceedings, we bring the same focus on efficiency and client value that defines our practice across all service areas.
We also understand that legal issues in intellectual property and internet law often require speed. An infringing product launch cannot wait for a drawn-out legal process. A DMCA notice that takes three weeks to draft and send provides much weaker protection than one sent promptly and properly. Revision Legal’s attorneys are accessible and responsive — when you have an urgent IP or internet law issue, we are ready to move quickly on your behalf.
Whether you are a Michigan startup protecting a new brand, an established company dealing with an infringement problem, or an individual facing a legal demand, Revision Legal has the expertise and the commitment to help you achieve the best possible outcome. Contact us at 855-473-8474 or through our online contact form today.