Named the number one trademark attorney for the number of applications filed during a year with the U.S. Patent and Trademark Office in 2010 by Trademark Insider, Xavier Morales has filed more than 6,000 trademark applications on behalf of his clients. His law practice is focused on registering and enforcing trademarks as well as counseling his clients about them. Mr. Morales is licensed to practice law in California, New York and Texas, but he is able to represent clients from across the nation with their trademark issues. He regularly appears before the USPTO to prosecute trademarks and represents his clients before the Trademark Trial and Appeal Board. Morales also counsels clients, evaluates marks and helps with filing trademark applications.
Atlanta Businesses We’ve Helped
We’ve helped many businesses in Atlanta protect their brand names and other marks. Here are several examples of companies we’ve worked with:
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Common Questions from Atlanta Business Owners
1. What is a service mark or trademark?
Trademarks are symbols, words, devices or names that are used in the trade of goods to indicate their source and to distinguish them from others. Service marks function in the same way except that they distinguish and identify service sources instead of product sources. Businesses may use their trademark or service mark rights to keep others from using similar marks but not to keep them from making or selling similar goods or services under different marks. For nationwide protection, the marks must be registered with the USPTO.
2. How much does it cost to register a trademark or service mark?
The government charges a filing fee of $350 for each class of goods or services included in a trademark application. You should also expect that your attorney costs for preparing the application will be additional. The fees that we charge for trademark registration services do not include filing responses to substantive challenges to your application. In some cases, the Law Office of Xavier Morales may be retained at affordable flat-fee rates for representation before the USPTO.
3. How long will the process take?
If your application does not have any issues, you can expect the process to register your mark to take less than a year. The USPTO usually takes about four to six months to review applications. If the attorney who examines your application finds no problems with it, it may move fairly quickly to the publication phase. If no third parties object to it, the USPTO could issue your trademark registration within nine months of your filing date. Commonly, trademark registrations take between 13 and 18 months because of office actions or delays during the process.
Working with a Trademark Attorney
While retaining an attorney to help with your trademark registration is not required, it might be beneficial for you to do so. You are able to file your trademark application online on the USPTO’s website. However, you will have a 50 percent greater chance of getting your trademark or service mark approved with the help of an experienced trademark attorney.
Your lawyer can help you to evaluate your mark to determine if it is eligible for registration. If you file your application and are denied, you will not be able to get a refund of the money that you spent. It is important for you to make certain that your chosen mark is one that isn’t too similar to another registered mark and that it completes with trademark law.
Your trademark attorney can also assist you with completing the form. The trademark application is very complex, and an experienced attorney can help you to complete it correctly. If it is not completed correctly, the USPTO is likely to reject your application.
If another company or a third party objects to your trademark after it is published, you will need to defend it before the USPTO. Objections may be filed for seemingly outlandish reasons. An experienced trademark attorney may understand how to defend your mark against objections.
Getting help from an experienced trademark attorney can be important for registering your trademark, defending it and prosecuting others for violating your trademark rights. Contact the Law Office of Xavier Morales to learn more about the trademark process.