Trademark

Austin Trademark Attorney

Trademarks protect not only words and names, but also symbols, sounds, or colors that distinguish goods and services of a particular business. Trademarks, unlike patents, can be renewed forever as long as they are being used in commerce. Specific types of trademarks include:

• Service marks – trademarks related to a provided service
• Certification marks – The owner of the mark exercises control over the use of the mark by others
• Collective marks – mark owned by a collective group or organization.

The Austin Law Office of Darin Siefkes has years of experience in handling the trademark application process as well as trademark infringement litigation. Submitting a company name, logo or service mark for registration is an involved process. Trademark registrations can be done on a state and/or federal level. State trademarks protect you only in the individual state in which it was filed. We will recommend the type of trademark that is right for your business and provides the right protections under the law.

Completing a Trademark Registration is a Complex Procedure

The Texas Secretary of State recommends that persons seeking to register a mark consult with a trademark attorney due the complexity of the process. You can begin the procedure even before you are using your name or logo in your business. Filing as early as possible is important since your protection begins as of the date of filing rather than the date of registration issuance. It normally takes 10-16 months to acquire final certification from the federal government but you can use your mark while the certification is in process. The earliest date of use of your mark for your product or service is one of the determining factors in establishing your right to the particular mark.

Hiring a Trademark Attorney is Recommended

According to the United States Patent and Trademark Office, most applications hire a trademark attorney to complete the process. “An attorney is not specifically required for filing a trademark application with the USPTO.   However, because the trademark process requires you to satisfy many legal requirements within strict time deadlines, attorneys who are familiar with trademark matters represent most applicants.” It is possible to have protected trademark rights without having a federal registration. A trademark attorney is able to provide a more comprehensive search than those available through the USPTO database. This will give you the peace of mind that your mark will not be challenged at some later date.

Hiring an experienced Austin trademark attorney can save you time and money. Darin Siefkes has a wealth of experience working with intellectual property, trademarking and copyright laws. Call us or fill out the contact form for a no obligation assessment.