Admitted to practice law in California, New York and Texas, Xavier Morales is able to represent his clients from every state with their trademark applications and related issues. Morales has years of experience representing his clients from across the nation with their trademark issues. A graduate of Harvard Law School, Morales served as the editor-in-chief of the Harvard Latino Law Review while he was in school. He has filed more than 6,000 trademark applications with the United States Trademark and Patent Office and was named as the number one trademark attorney by Trademark Insider in 2010 based on his number of filed applications during that year. Morales routinely appears before the USPTO and the Trademark Trial and Appeal Board to prosecute trademarks on behalf of his clients. In addition, Morales assists clients with resolving their disputes over their domain names and their copyrights.
Seattle Businesses We’ve Helped
We’ve helped numerous businesses in Seattle protect their brand names and other marks. Here are a few examples of companies we’ve worked with:
acQuaMD
It’s been said that necessity is the mother of invention, and that’s certainly the case with acQuaMD! It’s a common problem for water to get stuck in the ear canal when a person goes swimming or enjoys aquatic activities (or even just showering), and when water remains in the ear, it can cause infection and conditions like Swimmer’s Ear. acQuaMD solves this with a simple, safe, easy-to-use household device for all ages! It’s great for surfers, scuba divers, swimmers, people with pools, and anyone who gets in the water and gets water in their ears.
Captive Spirits Distilling®
Founder and distiller, Ben Capdevielle, began distilling gin as a hobby with his father, “Big Jim.” Jim learned how to distill from his father, Ted, and happily passed the tradition along to Ben. After ten years behind bars and in kitchens, Ben started making Big Gin® , aptly named after his father’s nickname, “Big Jim.” Captive Spirits Distilling sold its first bottle of Big Gin® in February 2011.
Common FAQs from Seattle Business Owners
1. What is the difference between TM, SM and ®?
The notations TM, SM and ® following the names, words, symbols or devices that are used by businesses serve to give notice that the business is laying claim to that particular mark. Businesses are only allowed to use the ® notation if they have registered their trademarks with the USPTO. Registering your trademark with the USPTO gives you the nationwide protection of it, allowing you to enforce your trademark rights in any state if necessary.
2. How much does it cost to file a trademark application?
You will be charged a fee of $350 per category of services or products that you include in your trademark application by the USPTO. Your attorney’s fees that are incurred in researching and preparing your application for you will be additional. The trademark registration services that are offered by the Law Office of Xavier Morales do not include the costs of defending your mark against substantive challenges by the USPTO or by third parties. Our firm is willing to negotiate flat fees for our services in some cases.
3. How long after you file your application will it take to receive your registration?
You should expect the entire registration process to take from 13 to 18 months. The length of the process may be extended because of office actions and other types of delays that can happen. If your application is devoid of errors and is completely clean, it may be possible for you to obtain your trademark in less than 12 months. The initial review process will take about four to six months after you submit your application to the USPTO. The assigned examining attorney will analyze your application. If he or she does not find any problems with it, your trademark may be published fairly quickly. Following its publication, the USPTO will give some time for others to file objections to your applications. If none are raised, you may receive your registration in as few as nine months.
Working with a Trademark Attorney
You are not required to get the help of a trademark lawyer in order to file your application. However, businesses that retain trademark lawyers are 50 percent likelier to succeed with their applications. The application is very complicated, and if you make errors, it is likely to be denied. You will not receive any refunds of your filing fees from the USPTO if it denies your application, forcing you to start over if your application is rejected.
Your trademark lawyer can help you in multiple ways. He or she can carefully research your proposed mark in order to make certain that no one else has already registered a similar mark. He or she will also help to make certain that your selected mark complies with all of the legal requirements of the USPTO. After this review, the attorney will then prepare your application and submit it for you. If any objections or challenges are raised, your attorney can then litigate on your behalf before the USPTO or the TTAB. To learn more about our trademark services, contact the Law Office of Xavier Morales.