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Why should I obtain a trademark?Here are some specific benefits of having a federally registered trademark: Constructive notice nationwide of the trademark owner's claim. Evidence of ownership of the trademark. Jurisdiction of federal courts may be invoked. Registration can be used as a basis for obtaining registration in foreign countries. Registration may be filed with U.S. Customs and Border Protection to prevent importation of infringing foreign goods.
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What are trademark monitoring and document filing services?You may receive unsolicited communications from companies requesting fees for trademark-related services, such as monitoring and document filing. Although solicitations from these companies frequently display customer-specific information, including USPTO serial number or registration number and owner name, companies that offer these services are not affiliated or associated with the USPTO or any other federal agency. See Caution: misleading notices for more information.
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What are the benefits of federal trademark registration?Owning a federal trademark registration on the Principal Register provides several advantages, including: Public notice of your claim of ownership of the mark; A legal presumption of your ownership of the mark and your exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration; The ability to bring an action concerning the mark in federal court; The use of the U.S. registration as a basis to obtain registration in foreign countries; The ability to record the U.S. registration with the U.S. Customs and Border Protection (CBP)Service to prevent importation of infringing foreign goods; The right to use the federal registration symbol ®; and Listing in the United States Patent and Trademark Office's online databases.
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Is registration of my mark guaranteed?No. The examining attorney will review the application and may issue refusals based on the Trademark Act of 1946, 15 U.S.C. §1051 et seq., or the Trademark Rules of Practice, 37 C.F.R. Part 2. The most common reasons for refusing registration are because the mark is: Likely to cause confusion with a mark in a registration or prior application; Descriptive for the goods/services; A geographic term; A surname; Ornamental as applied to the goods.
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How can I prevent my personal information from being placed on the USPTO website?It is the responsibility of applicants and registrants to carefully consider the information provided to the USPTO to ensure that any information they wish to keep out of the public record is not included with their initial filing or in any subsequent filing submitted during the entire application and post-registration process. However, to file an application, certain minimum requirements must be met, including providing the owner's name and an address to receive correspondence. Any type of existing legal entity, including an individual, corporation, partnership, limited liability company, association, or joint venture, may own a trademark. An applicant need not provide a telephone number as part of the application process, although providing a telephone number aids the USPTO in its ability to contact applicants.
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Where can I find trademark "sound mark" examples?You can play examples of sound marks at https://www.uspto.gov/trademark/soundmarks/trademark-sound-mark-examples
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How long does a trademark registration last?The registration is valid as long as you timely file all post registration maintenance documents. You must file a "Declaration of Use under Section 8" between the fifth and sixth year following registration. In addition, you must file a combined "Declaration of Use and Application for Renewal under Sections 8 and 9" between the ninth and tenth year after registration, and every 10 years thereafter. If these documents are not timely filed, your registration will be cancelled and cannot be revived or reinstated. For more information read about keeping your registration alive.
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What resources are available if I have problems protecting or enforcing my intellectual property rights abroad?Your U.S. trademark registration grants you rights only in the U.S. If you want trademark protection in other countries, you must either: • Submit an international application through the Madrid Protocol, or • Submit a trademark application in each other country or regional trademark office. If you have problems protecting or enforcing intellectual property rights in a foreign country, consult the IP Attaché Program page.
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Why does the USPTO make this information public?The Freedom of Information Act (FOIA) mandates the USPTO to provide records such as trademark applications and registrations for public inspection and copying. In order to adhere to the FOIA, trademark applications and registrations are available on the USPTO website so that the public may conveniently inspect and copy them, if desired.
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What is a trademark?Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and indicate the source of the goods. Trademarks, unlike patents, can be renewed forever as long as they are being used in commerce. Federal trademark registration has several benefits: Constructive notice nationwide of the trademark owner's claim. Evidence of ownership of the trademark. Jurisdiction of federal courts may be invoked. Registration can be used as a basis for obtaining registration in foreign countries. Registration may be filed with the Customs and Border Protection (CBP) to prevent importation of infringing foreign goods. There are times when you may desire a combination of copyright, patent, and trademark protection for your work. You should consult an attorney to determine what forms of intellectual property protection are best suited to your needs.
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May a trademark filing company represent me before the USPTO?No. Only a U.S.-licensed attorney may represent you before the U.S. Patent and Trademark Office (USPTO). He or she must be an attorney licensed to practice law in a U.S. state and be an active member in good standing of the highest court of that state. Attorneys from other countries, except Canadian trademark attorneys or agents reciprocally recognized by the USPTO’s Office of Enrollment and Discipline (OED), may NOT practice before the USPTO.
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How long does it take to register a trademark?It's hard to predict exactly how long it will take an application to mature into a registration because so many factors can affect the process. Approximately three months after you successfully submit your application, it will be assigned to a USPTO examining attorney for review. The attorney will determine if your application meets all applicable legal requirements, and if it doesn't you will be notified in an email with a link to an office action (official letter from the USPTO). See our application process timelines for more detailed timeline information based on your filing basis. The total time for an application to be processed may be anywhere from almost a year to several years, depending on the basis for filing, and the legal issues which may arise in the examination of the application. Get information on the status of your application in the Trademark Status and Document Retrieval (TSDR) database or call the Trademark Assistance Center at (571) 272-9250 or (800) 786-9199. You should check on the status of your applications every three to four months.
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No user of the Site and/or Service should act, or refrain from acting, on the basis of information included on this Site and/or Service without first consulting legal counsel in the relevant jurisdiction. USE OF THE SITE AND SERVICE To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and/or Service related to Intellectual property, business law, contract law, entertainment law, estate planning and other information is subject to change . SVP Law Firm PLLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. SVP Law Firm PLLC disclaims all liability for any inaccuracy, error or incompleteness in the Content. LAWFUL PURPOSES You may use the Site and/or Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site and/or Service. You agree to use the Site and/or Service and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site and/or Service any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. . 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Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions. LIMITATION ON LIABILITY IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. 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These Terms and Conditions are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid. Privacy Policy This is the Website Privacy Policy of SVP Law Firm PLLC (“SVP”). SVP is committed to protecting the privacy and security of your personal information. This Policy applies to activities SVP engages in on its websites (the “Sites”). We are providing this notice to explain our information practices and the choices you can make about the way your information is collected and used. Nothing stated in this Policy is intended to, nor will it, establish a client-attorney relationship with the persons reading it. Information provided to us in the course of any attorney-client relationship enjoys a unique status and may be protected by confidentiality, the attorney-client privilege, the attorney work product doctrine and other similar protections (whether in the United States or elsewhere). Nothing in this Policy will detract from any of the protections that attach to such information. General Information When you use the Internet, your computer may transmit certain information to servers that host the websites you visit. The transmitted information may include the type of Internet browser you are using, the type of computer operating system you are using, your Internet Protocol (IP) address, the pages you visited on our Sites, and how you arrived at our Sites. When you visit our Sites, we collect this information, and we use this information to create a better user experience, to identify areas for improvement on our Sites, and to enhance the security of our systems. HOW WE USE THE INFORMATION COLLECTED We do not sell or rent any information which we receive from the SVP website. Except as stated in this Privacy Policy, we will not share your Personally Identifiable Information with anyone outside of SVP and those hired by SVP to perform work on its behalf. SVP uses any Personally Identifiable Information you provide in a limited number of ways. We may use your Personally Identifiable Information to (i) provide you with information about SVP and its services or (ii) enhance or update the SVP website or (iii) compile demographic statistics about users of the SVP website. We may also, on occasion, combine information about you that we have with information we obtain from other parties to enhance our ability to provide you with information about SVP and its services that we think may be of interest to you. In addition, SVP may hire other companies to perform services on our behalf such as facilitating certain aspects of the SVP website or sending you email. These companies may be supplied with or have access to your Personally Identifiable Information for the sole purpose of providing these services to us or on our behalf. SVP may also use third-party ad servers or ad networks to deliver ads to you on SVP behalf. These third-party ad servers may be supplied with or have access to your Personally Identifiable Information for the sole purpose of providing these services to us or on our behalf. They also may also collect and use Non-Personally Identifiable Information about your visits to the SVP website in order to send advertisements that may be of interest to you. On an aggregate basis only, we may collect Non-Personally Identifiable Information about users of the SVP website. SVP will never disclose any Personally Identifiable Information as part of this aggregate information but we may lend, sell, share or otherwise disclose Non-Personally Identifiable Information with others so we can perform research and provide the results to third parties, enhance and market the SVP website, and conduct accounting and process record keeping functions. Additionally, we may use IP address information to count and track aggregate visits to the SVP website, to help diagnose problems with our server, and to administer the SVP website. SVP does not link IP addresses to anything personally identifiable so while a particular user’s session can be tracked, the user remains completely anonymous. We also may use this information to assist us in the ongoing technical development of the SVP website. SVP will make every effort to preserve user privacy but we may need to disclose Personally Identifiable Information when required by law or if we have a good-faith belief that the action is necessary to comply with a pending judicial proceeding, a court order or legal process served on SVP or to protect our rights or the rights of others, to fight fraud, identity theft, to ensure the integrity and operation of our business and systems, or to protect the rights, property, or safety of SVP, its employees, members or others. Also, in the unlikely event that SVP, or substantially all of its assets, is acquired by another firm, personally identifiable information may then be transferred. Cookies What are Cookies? Cookies are small bits of text that are placed on your personal device when you visit certain websites. Essential Cookies (Cannot be disabled) These cookies allows the core functionality of the website and helps identify trusted web traffic. Without these, the website would not function properly. Therefore, essential cookies can only be disabled by changing your browser preferences. Non-Essential Cookies (Can be disabled) Analytical cookies help us to improve our Sites by collecting and reporting information on its usage. These types of cookies include Google Analytics and can collect information about which pages have been read. A user reference cookie is used to personalize content for website visitors by saving it to a user’s account for future reference. You have many choices to manage cookies on your computer. Most browsers allow you to block or delete cookies from your system, and you can set most browsers to prevent cookies from being placed on your devices. If you do this, however, you may have to manually adjust preferences every time you visit our Sites and it may not be possible to use the full functionality of our Sites. To learn more about your ability to manage cookies, please consult the privacy features in your browser. Changes to This Policy We reserve the right to modify or change this Website Privacy Policy at any time. When we make a material change to this Website Privacy Policy, we will inform you by changing the date on this page noting when the Website Privacy Policy was last updated. Contact Us If you have any questions about this Website Privacy Policy or how we process your personal information, please contact us by sending an email to Stacey@SVPlawfirm.com or writing to: SVP LLP Attention: Stacey Pierre, Esq. 333 SE 2nd Avenue Miami, FL 33131 This Website Privacy Policy was last updated on November 04, 2022.
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