Trademarks

A brand is a set of expectations, memories, stories, and relationships, that taken together, account for a consumer's decision to choose one product or service over another.

Are you sick of people trying to profit off of your brand?

Wilson Murphy Law is here to guide you through the online trademark registration process. Together, we will continue growing your business in value and recognition. By trademarking your name or logo now, there is a shield in place if someone tries to infringe on your trademark in the future. 

Trademark registration can take up to a year or more. With the internet, businesses are growing faster and faster and people are profiting off brands and content that isn’t theirs on a daily basis. Waiting until you go viral will result in infringers who won’t have to face the consequences as someone who has registered their trademark. 

If you don’t register your mark, you will not have protections such as costs, statutory damages, and attorneys fees. If someone infringes on your mark, and you have registered your mark, the court assumes that you own the mark. That’s half the battle in an infringement suit.

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Trademark Registration Process

  1. Initially, Wilson Murphy Law will gather information from you for the online trademark registration process. 
  2. If we agree to work together, I will send you an invoice and fee agreement for you to sign.
  3. I will do a preliminary knockout search using Google and the USPTO trademark database (TESS). TESS is the database that the the person approving your trademark uses to analyze your mark.
  4. Then, I will do a full clearance search using Markify. This includes searches for phonetic similarity, identical marks, plurals, abbreviations, and so much more. Markify searches state records, business names, domain names, social media, and web searches for your trademark.
  5. I will give you an oral or written recommendation on how to proceed with your application.
  6. I will recommend a class for you using the USPTO class manual.
  7. File the trademark application with the USPTO.
  8. If there are any issues, a trademark examining attorney will send an office action. Once the examining attorney clears all issues, they will place your mark on the official gazette.
  9. Finally, if no one objects to your trademark, then the USPTO places your mark on the principal register, and you will receive a certificate.
florida attorney sitting at wooden table working on online trademark registration

Trademark Services

Starting at $1,497.00 +  filing fee/class

  • Knockout Search
  • Comprehensive trademark search with a written legal opinion on registrability
  • Recommendations on trademark classes (category your goods/services fit into by USPTO standards)
  • File Trademark application
  • Response to non-substantive Office Actions

What’s not included?

  • Substantive office actions such as likelihood of confusion and mere descriptiveness ($1,037.00)
  • Opposition to your trademark

FAQs

What is a trademark?

A trademark is a recognizable sign, design, or expression which identifies products or services. A trademark can be a name, logo, sound, or color. Wilson Murphy Law works with trademarks that are names and logos.

What benefits do I get when I trademark? 
  1. You can use the registered trademark symbol, ®
  2. You can file a trademark infringement lawsuit in federal court and may obtain monetary remedies, including infringer’s profits, damages, costs, and, in some cases, treble damages and attorneys’ fees
  3. It bars others who have a confusingly similar mark, and
  4. It may serve as the basis for an international trademark application.
Can I file my trademark before I start selling my product or services?

You can file your trademark before you start selling your products or services, but you will have to file an intent to use application. If the Trademark office grants the intent to use application, they will issue a notice of allowance. You will have 6 months after the notice of allowance to start selling your service/product. After you start selling the product, you will have to file a statement of use which is an extra $125.00. Wilson Murphy Law takes these cases on a limited basis.

In general, you must be selling your product or service before Wilson Murphy Law will take your case.