Chicago, IL Businesses Use Syed Law for Trademark Attorney Services
Syed Law provides attorney trademark services to Chicago, IL businesses.
Since its launch, Syed Law filed hundreds of trademarks at the United States Patent and Trademark Office (“USPTO”). We are here to serve entrepreneurs across the country.
The reason clients choose us is our uncompromising quality and affordable, flat fees. We have three values that set us apart from other trademark services:
- quality
- assurance
- value
Trademark filing companies provide low fees, but poor quality. On the other hand, traditional law firms provide good quality, but charge high rates.
In contrast, our services are in the “Goldilocks” zone with affordable flat fees, and high-quality trademark attorney services. With that assurance, Chicago, IL companies choose us as their trademark attorney.*
Top 10 Trademark Questions Asked by Chicago, IL Companies
1. What is a Trademark?
A trademark is a word, logo, or slogan that serves as a source indicator for your goods and/or services. It also distinguishes your brand from others.
2. How Much Do You Charge?
Syed Law offers three flat fee trademark attorney packages for Chicago, IL entrepreneurs. Packages start with trademark attorney fees at $399, plus a separate $350 government filing fee.
While Syed Law’s fees are slightly more expensive than your average “trademark filing company,” our work product is superior. In addition, my fees are more competitive than traditional, bill-by-the-hour, trademark law firms.
This puts my Chicago, IL trademark attorney services in a “Goldilocks” zone. This is compatible with entrepreneurs on a budget. With Syed Law, you get professional attorney service, personalized attention, and value.
3. How Long Does Trademark Protection Last?
A trademark may last forever. Once a trademark receives registration protection is retroactive from the filing date.
However, the USPTO requires periodic “declarations” or “renewals.”
- A declaration is filed between the 5th and 6th registration anniversary.
- A declaration and renewal are filed every 9th and 10th anniversary.
These filings are straightforward, but each requires proof of use (called a “specimen”). If there is no timely declaration or renewal filing, the USPTO will “cancel” a trademark.
4. Can I File a Trademark Without Staring My Business?
Absolutely, if you intend to use your trademark, you may file an Intent-to-Use (“ITU”) application. In contrast, you may file a Use In Commerce (“UIC”) application only if you can provide proof of use.
The benefits of an ITU application include
- (1) constructive notice,
- (2) holding your place in line, and
- (3) retroactive protection from the filing date.
However, the downside is an additional $100 fee per International Class of goods and/or services for a “Statement of Use.”
That additional fee does not apply to a UIC application. In essence, the USPTO will charge you more if you do not show proof of use at filing.
5. Do I Need to Hire a Chicago, IL Trademark Attorney?
If you or your company reside outside of the United States, then the USPTO requires a United States trademark attorney. On the other hand, if you are U.S.-domiciled, it is not necessary to hire a U.S. trademark attorney. However, the USPTO encourages entrepreneurs to hire a U.S. trademark attorney.
A trademark attorney is an individual who routinely practices trademark law before the USPTO.
He or she retains complete and thorough knowledge about trademark practices, deadlines, and federal law. Hiring a trademark attorney generally costs less in the long run due to higher accuracy.
This is particularly true in light of high-profile crackdowns involving shady trademark companies advertising in the US.
These crackdowns caused many unsuspecting U.S. citizens to lose their trademarks. Fortunately, as a trademark attorney assisting Chicago, IL businesses, I can help. Having an attorney on your side can provide you with authority when facing the USPTO Examiner.
6. Copyright vs. Patent vs. Trademark
A copyright protects an original work of authorship fixed to a tangible medium.
On the other hand, a patent protects useful, novel, and unique inventions.
In contrast to both, a trademark’s purpose is to serve as a source indicator to distinguish specific goods and/or services from those of others.
7. What is “Proof of Use”?
Unlike domain names and LLC, trademarks require proof of use in commerce.
In essence, proof of use shows that the trademark is used to sell goods and/or services either across state lines or between the U.S. and another country.
You may show proof of use in (1) the initial application, or (2) file first without showing proof and provide evidence several months after.
The USPTO requires proof to show good-faith evidence that the applicant is using the goods and/or services in commerce.
8. What is a Fanciful Trademark?
A fanciful trademark is a made-up word that does not exist elsewhere.
Unsurprisingly, it is also the strongest type of trademark since a fanciful trademark is not “merely descriptive.”
For example, fanciful trademarks include CLOROX® and EXXON®.
Some fanciful trademarks may be suggestive because part of the word provides a logical leap to a function.
For instance, in the example above CLOROX® suggests association with the chemical chlorine.
9. I Just Filed for an LLC / Corporation, Is My Trademark Protected?
No. State law governs limited liability companies (“LLCs”) and corporate entities.
In addition, LLCs and companies are not necessarily brands, products, or unique services.
In fact, LLCs are state entity names for the purpose of identification. While I primarily offer trademark attorney services to Chicago, IL businesses, I can help you set up an LLC.
On the other hand, federal law governs trademark registration.
This means that filing for an LLC or corporation will not lead to trademark protection.
Finally, while the state may conduct an LLC or corporation search, the state will allow two marks to register even if they are nearly identical.
In contrast, the USPTO will probably issue a Likelihood of Confusion refusal if the names are too similar.
10. Should I File for a Name, a Logo, or Both?
You may file both a name and a logo.
However, the only way to properly protect both is through one application each.
If your business primarily uses its name as a trademark for marketing services or selling goods, then you should file for a name.
If on the other hand, you have a logo that is only a design element, then you should consider filing for a logo.
You may file for both a name and a logo so long they are in separate applications.
* While Syed Law is not located within Chicago, IL city limits, it is still able to represent Chicago, IL individuals and businesses because trademark registration is governed by federal law.
Trademark Attorney Services Offered to Chicago, IL Businesses
- Flat Fee Trademark Filing
- Name, Logo, and Slogan Clearance Searches
- Trademark Office Action Response
- Trademark Monitoring Services
- Renewal and Maintenance
- Cease-and-Desist Letters
- Trademark Infringement
Additional Information About Trademark Registration for Chicago, IL Companies
As a successful trademark attorney, I know the challenges Chicago, IL companies face. Whether you are a small business owner, or starting a business soon, file for trademark registration now.
A Common Scenario
Two individuals, Alice and Bob open up a software company in Chicago’s Loop.
They file an LLC, and market their service as Interstellar Software Solutions.
Alice and Bob think briefly about trademark registration, but they put it off. At first, they are selling software locally, but as sales pick up, their business crosses state lines.
Later, Interstellar Software Solutions receives a cease-and-desist letter. The letter says another Midwest company is using the name Interstellar for software. The letter alleges that Alice and Bob engaged in trademark infringement, and demands damages as settlement.
Alice and Bob now must give in to the other company’s demands or face them in court. They must stop and spend precious time rebranding.
The scenario above is an illustration. However, it is one which is increasingly common. Had Alice and Bob protected their intellectual property, they could have avoided this situation.
Recommendation
No matter whether you are a business owner or thinking of starting a company, do not delay filing for trademark registration.
Syed Law offers Chicago trademark attorney services at an affordable, flat fee basis.
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