Xavier Morales is a licensed trademark lawyer who helps businesses and entities across the U.S. with their trademark issues. He is admitted to practice law in the states of New York, California and Texas, but he is able to represent his clients on their trademark issues in all states. Morales earned his Juris Doctor at Harvard Law School and served as the editor-in-chief of the Harvard Latino Law Review. He has filed more than 6,000 trademark applications on behalf of his clients and was named as the number one attorney for the number of applications filed in 2010 by the Trademark Insider. Morales regularly prosecutes patents before the United States Patent and Trademark Office and represents clients before the Trademark Trial and Appeal Board.
Miami Businesses We’ve Helped
We’ve helped numerous businesses in Miami protect their brand names and other marks. Below are some examples of companies we’ve worked with:
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Common FAQs from Miami Businesses
1. How long does the trademark registration process take?
In some cases, it is possible to secure a trademark registration in less than a year, but it is not very common for the process to move that quickly. On average, a majority of trademark registrations take from 13 to 18 months. If you submit an error-free application and the examining attorney finds no problems with your trademark, the USPTO may move to the publication phase quickly. The initial examination phase will take between four and six months. Once your trademark is published, others will be able to file objections to it. If there are no objections filed, you may receive your trademark registration in as little as nine months.
2. How long does a trademark last, and how is it renewed?
It is possible for your trademark to continue indefinitely as long as you file your renewal documents when they are due. Your initial registration will last for six years. When the five-year anniversary arrives, you have to submit a section 8 form to the USPTO to notify it that your trademark is still in use. You will need to submit a section 8 and 9 form when your nine-year anniversary arrives. After that, you will need to file new section 8 and 9 forms every decade.
3. How much does it cost to register a trademark?
For each product or service class that you submit in your trademark application, the government will charge you a $350 filing fee. The costs to research and evaluate your trademark and to prepare your application that will be charged by your attorney are additional costs. The Law Offices of Xavier Morales charges a flat $895 search and filing fee.
Working with an Experienced Trademark Attorney
The USPTO does not require that anybody hires a trademark attorney to file an application for a trademark. You are able to submit your application on the USPTO’s website. Most businesses choose to work with experienced trademark lawyers because doing so greatly increases the chances that their applications will be successful.
It is important to thoroughly research and evaluate your trademark. Your trademark attorney will make certain that your mark is not too similar to another mark that is in use. He or she may also make certain that it complies with all relevant laws. The application form is highly complex, and if you make mistakes on it, your application will be rejected. You cannot get a refund from the government if it denies your application, so it is important that you submit an error-free document. Your trademark lawyer can assist you with completing it correctly.
It is common for other businesses and third parties to file challenges against trademarks. If your trademark receives a substantive objection, your lawyer may understand how to respond and defend it for you. If you already have a registered trademark, and your rights have been violated, your attorney may prosecute the violators. To get started on the trademark application process, contact the Law Office of Xavier Morales today.