Your Helpful Trademark Attorney
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Answer: Absolutely! I’m the Managing Attorney at Syed Law P.C. in Rolling Meadows, Illinois which is in the Greater Chicago Metropolitan Area. I have the notable distinction of being licensed in not one, but two states—California and Illinois. However, any US attorney located in any state (so long as they are in good-standing) can represent you before the USPTO. Click HERE for my California license information. Click HERE for my Illinois license.
Answer: I can file your trademark within one week. However, this will depend upon the number of names or logos you want to trademark. For example, it may take longer to conduct a search for a several logos versus one or two brand names. However, if you need expedited service, I can file it in 2 days for an additional $99.
Answer: Government filing fees are either $250 to $350 for a new application. The less-expensive option is requires greater attorney time and accuracy to complete. The more expensive option allows greater flexibility. Normally, the $250 option is applicable in 85% of cases and the remaining $100 is used for attorney time and labor expending in filing your application. Additionally, in limited circumstances the USPTO may require filing under the more flexible $350 option, in which case all filing fees will go towards the USPTO balance.
Answer: Absolutely. If I do not pick up the phone right away, it usually means I am on the other line (my office gets on average two dozen calls per day close in time). My policy is to return any missed calls as soon as possible, and I have a great track record of getting back to prospective clients within 24 hours. My preferred method of communication, however, is email, and you can contact me at email@example.com.
Answer: The USPTO Examining Attorney will review your application after three months.
Answer: On average it takes nine to eleven months to register a trademark.
Answer: Unlike LegalZoom, you can pick up the phone and talk to directly to me, a licensed attorney, about your trademark questions. With LegalZoom and trademark filing companies you probably will not be able to reached the attorney on your file—and several of these companies have no attorneys! Consider this, you want get a name trademarked for Amazon Brand Registry, who do you trust more: a faceless trademark filing company or an experienced trademark attorney you can speak to? Sure, you may save a little money by going with a trademark filing company. However, please do not be surprised if you get a nasty Office Action letter rejecting your trademark application in six months. There is no guarantee an attorney at a trademark filing company will actually review your entire application. The USPTO has flagged several trademark filing companies for soliciting and cold-emailing applicants and you can find that list HERE. I offer personalized trademark service, legal experience, and reasonable fees that you cannot get anywhere else. Syed Law fills the market niche between the cheap trademark filing companies that over promise and underdeliver, and the fancy office lawyers who overbill their clients.
Answer: Only I will handle your trademark application. I do not delegate your file to anyone—in other words, no associate attorney and no paralegal works on your file. You can speak directly to me about your trademark application. Second, I review your file in my capacity as an attorney, not a scrivener who simply types in words. If you would like someone who simply types in words you could easily do yourself, please go with a trademark search company. On the other hand, if you hire me, you will get legal experience from someone knows common pitfalls, and understands what USPTO Examining Attorneys are looking for on your application. Finally, my fees are substantially lower than the fancy attorneys who charge a whopping $950 for trademark filing.
Answer: I started my law firm because I envisioned a business model that does not revolve around the billable hour. Earlier in the career as an associate attorney, I witnessed first-hand how senior attorneys handed a laundry list of bills to their clients without batting an eye. Syed Law is different; I am upfront about costs so you know exactly how much you will pay down to the penny. There is a simple reason why my fees are lower—I am time-efficient and use less overhead, so you are not stuck paying for an attorney’s fancy office rent.
Answer: Trust is the hallmark of any professional relationship, including an attorney-client relationship. An attorney-client relationship is guarded by a “privilege” which limits what I can say to other people about you. I assert the attorney-client privilege to guard our communications as confidential—similar to how your doctor’s visits are strictly confidential. You are not protected by the attorney-client privilege if you decide to choose a faceless trademark filing company. If you have any doubts about my qualification to handle Trademark applications, Office Actions, and/or TTAB appeals, type in "Ahad[AT] and Syed[AT]" HERE and you can see how many trademarks I've successfully handled.
Answer: Yes! Most of my clients are e-commerce retailers who sell online and use services like Amazon or Shopify. Recently, I've assisted many clients successfully register their brands for Amazon Brand Registry--allowing them to substantially improve their e-commerce business.
Answer: Between the 5th and 6th registration anniversary. If you fail to file your renewal, it will be cancelled. After you file your first renewal, you will need to file a second renewal between the 9th and 10th registration anniversary. Once that is complete, you’ll only need to renew once a decade (between the 19th and 20th anniversary, between the 29th and 30th anniversary). Your trademark could be in existence forever.
Answer: Yes. If you are non-resident or live outside the United States, the USPTO requires that you hire a US attorney (like myself) to file your trademark application.
Answer: Yes. Nearly 33.3% of my clients live outside the United States. I am thrilled to serve clients outside the United States, and file their trademark with the USPTO as their US attorney of record. As mentioned in this FAQ, individuals or companies not located in the United States must hire a U.S.-licensed attorney.
Answer: If you start using a brand name or logo in commerce, you can use the TM symbol next to your brand name or logo at any time. The “TM” means it is a “common law trademark,” which arises out of any use, but it gives you little real value. You can only use the R with a circle (®) around your mark after you have successfully registered your trademark. Registering a trademark with the USPTO gives your mark priority over other trademark filings. Registration also provides you with the ability to seriously threaten and bring suit for enhanced damages under trademark infringement law.
Answer: Yes. In fact, you should use the name or logo you want to trademark before you file so that you have fulfilled the “use in commerce” requirement. However, I strongly encourage you to have me search the name you want is not being used by someone else, or you could receive a very sternly worded cease-and-desist letter.
Answer: Yes. I will have to file something called an “intent to use” application for an additional USPTO fee of $100 within six months and proof of use within six months of your Notice of Allowance. This application states that you have a bona fide intent to use the trademark within six months. You may file extensions for six month intervals for $125 per application up to three years after your initial Notice of Allowance. There is an advantage for filing an intent to use application if you are concerned about a competitor taking your name or logo.
Answer: Yes. You may file in a different class if your name is taken. For example, let’s say you want to trademark “Blue Wand” for a computer program, but you find out someone has registered a trademark for “Blue Wand” for apparel and tee shirts. In that case, you can still file an application for “Blue Wand” because you are in an entirely different class. There is a risk for likelihood of confusion, but it is generally minimal.
Answer: Generic names like “Donut Shop” or descriptive names like “Wordpress HTML Plugin” are not registerable. Clients are surprised when they first speak to a trademark attorney, and find out that one or more words that they wish to trademark may reduce their mark’s distinctiveness and likelihood of success. The general rule is that trademark registration protection is given to creative, unique, and interesting names that do not directly describe the product’s quality, function, or purpose. For example, think about Rolex (coined), Apple (arbitrary), and Jaguar (suggestive); these names pass the trademark distinctiveness test.
Answer: Either one is fine. As a practical matter, it is better to file as a business because you save money because you will not need to transfer the trademark. It is also better from a privacy standpoint; if you file personally, your personal information, particularly your address will be made public. If you need help incorporating your corporation or LLC in the United States, I can assist.
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