A licensed trademark lawyer, Xavier Morales has filed more than 6,000 trademark applications with the United States Patent and Trademark Office and was named by Trademark Insider as the number one attorney for the number of trademarks applications filed in 2010. Morales graduated from Harvard Law School and opened his law practice in 2007 after gaining experience by working at another intellectual property firm. Licensed to practice law in New York, Texas and California, Morales is also able to represent clients from across the U.S. for their trademark applications and issues. He has years of experience evaluating and researching trademarks, representing individuals and entities before the Trademark Trial and Appeals Board and prosecuting trademarks before the USPTO.
Chicago Businesses We’ve Helped
We’ve helped numerous businesses in Chicago protect their brand names and other marks. Here are a few examples of companies we’ve worked with:
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Common FAQs from Chicago Business Owners
1. What is a trademark or a service mark?
When you engage in the trade of goods, a trademark is a device, symbol, name or word that you use to identify your goods and to distinguish them from others. Service marks do the same for identifying and distinguishing the source of services instead of goods. When you have a registered trademark or service mark, you have rights to keep others from using marks that are similar to yours. Trademarks do not prevent other individuals or entities from selling similar goods or services under trademarks that are obviously different, however. If you intend to use your trademark for the sale of goods in interstate commerce, you can register it with the USPTO in order to gain national protection of your mark.
2. How much does it cost to register a trademark?
For each group of products or services that you include in your trademark application, you will have to pay a $350 filing fee. The preparation fees charged by your trademark attorney are separate costs and do not include the expenses involved in defending against any objections. In some cases, it is possible to get a low flat fee at the Law Office of Xavier Morales for trademark research and application preparation help.
3. How long does the trademark registration process take?
If your application is problem-free, it is possible for it to take less than a year to receive your trademark registration. From the date of your application, the USPTO will take between four to six months for its review. If the attorney who examines your application doesn’t find any issues with it, the USPTO may then move to its publication quickly. If there are no objections, you may receive your trademark registration in about nine months. However, most trademark registrations take an average of 13 to 18 months to complete because of delays and office actions.
Working with a Trademark Attorney
While it is possible to apply for a trademark on your own, it may not be the best idea to do so. Individuals and entities may file applications for trademarks on the USPTO’s website. If your application is rejected, however, you will not be refunded your filing fee and will have to start over. People who get the help of experienced trademark lawyers are 50 times likelier to be successful with their applications than are people who try to submit them without legal help.
When you work with a trademark attorney who has extensive experience, you may enjoy several benefits. Your lawyer can complete the evaluation and research of your trademark, which involves ensuring that there are no similar marks that have already been registered and that it adheres to the requirements of trademark law. The trademark application is very complex, and if errors are made on it, it may be rejected. When you retain a trademark lawyer, he or she can help you to complete the application accurately. Finally, it is common for businesses to object to filed trademarks because of minute reasons. An experienced trademark lawyer understands how to respond to objections and how to defend trademarks against them. When you register your trademark, you can enjoy its protection. To learn more, contact the Law Office of Xavier Morales today.