Trademark Services
Intellectual Property Protection
Intellectual property (IP) includes creations like inventions, designs, brand symbols, and service marks, all protected by law. Trademarks and service marks secure your brand’s unique identity—boosting value and preventing misuse. Bross Law, LLC navigates trademark, service mark, and IP law to keep your brand assets secure and competitive.
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Trademark Services
Registration Services
Bross Law, LLC offers affordable flat-rate registration services for both trademarks and service marks with the U.S. Patent and Trademark Office (USPTO) or the Massachusetts Secretary of the Commonwealth. Our Registration Process includes:
Free Consultation: We assess your business needs and identify the best registration approach for state or federal protection.
Application Filing: Our team prepares and files your trademark application, ensuring all details meet the requirements of the USPTO or relevant state office.
Flexible Consultations: Our services are remote-friendly, with options for phone, video, or email consultations, along with in-person meetings if preferred.
Monitoring & Enforcement
After registering your trademark, it’s crucial to monitor its use and ensure no one else uses or registers a similar mark. Our monitoring services can include:
Active Monitoring: We can keep an eye on filings with the U.S. Patent and Trademark Office, state court filings, and online platforms to protect your mark from unauthorized use.
Cease-and-Desist Letters: If misuse occurs, we can help by issuing a formal cease-and-desist letter, often an effective first step to resolve trademark infringement without going to court.
Legal Strategy: In cases that require further action, we will advise on the best approach, which may include pursuing litigation if necessary to ensure full protection of your trademark.
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Let’s discuss your legal support needs for your business.
Why Choose Bross Law?
About Us
Fees & Packages
Bross Law, LLC provides world-class legal services at a rate that is a fraction of the business attorney fees charged for comparable legal services at big Boston law firms.
Affordable, Expert Service
Frequently Asked Questions
What is the difference between a trademark and a service mark?
A trademark is used to identify and protect the brand of a product. It distinguishes goods produced or sold by one business from those of another, covering items like logos, product names, and symbols associated with physical products.
A service mark, on the other hand, applies to services rather than goods. It identifies the source of a service rather than a product, covering things like brand names or slogans for businesses that provide services, such as consulting, marketing, or legal assistance.
In practice, “trademark” is often used to refer to both trademarks and service marks, but legally, the distinction helps clarify the nature of what is being protected: a product (trademark) or a service (service mark).
What’s the difference between a trademark and a copyright?
While both are forms of intellectual property protection, they serve different purposes:
- Trademarks secure your brand elements (such as your logo or tagline) and require formal registration for more comprehensive legal protection.
- Copyrights protect creative works like books, music, and software code, applying automatically upon creation, though formal registration enhances legal security.
What can and can’t be trademarked?
- Can Be trademarked: Almost anything that is distinctive and identifies the source of your goods or sources, such as business names, phrases, slogans, designs, logos, symbols, sounds, scents, and colors.
- Can’t Be Trademarked: Inventions (protected by patents), creative works of art (protected by copyright), generic or descriptive words and phrases, government names or images, geographic descriptors, vulgar or profane words or phrases, anything too similar to an existing trademark, and various other categories.
What is trademark registration?
Trademark registration is the process of registering your business name, logo, tagline, or any other mark with a specific government agency, such as the United States Patent and Trademark Office.
Why should I register my trademark?
Registering a trademark with the United States Patent and Trademark Office (“USPTO”) offers numerous benefits such as:
- Presumption of Ownership: Registering your mark with the USPTO is prima facie evidence that your business owns the mark in question and has the exclusive right to use it.
- Nationwide Protection: A federally registered trademark gives you the legal right to use your mark throughout the United States. This preserves the right to expand your business to parts of the U.S. where you are not currently operating.
- Stops Competitors: By registering your mark with the USPTO, you prevent your competitors from registering a confusingly similar mark.
- Public Notice: A federally registered trademark provides notice to any third-party that you are claiming ownership of and the right to use the mark in question.
- Stronger Infringement Protection: A federally registered trademark gives you the right to sue in federal court anywhere in the U.S. and also provides for enhanced damages. 5 years after registration, you can apply to have your mark declared incontestable, which means that your exclusive use of the mark is conclusively established in court.
- Prevent Importation: A federally registered trademark may be filed with the U.S. Customs Service to bar importation of goods that bear infringing trademarks.
- Registered Trademark Symbol: If your trademark is registered with the USPTO, you can use the registered trademark symbol: ®
- Value of Brand: By registering your trademark with the USPTO, you increase the value of your brand, which can be leveraged for increased sales, licensing or financing opportunities.
What are the steps involved in registering a trademark?
The registration process involves several steps, whether you’re registering in Massachusetts or at the federal level:
- Comprehensive Trademark Search: We conduct a thorough search to ensure your mark is unique and free from conflicts, minimizing the risk of rejection for both Massachusetts and federal applications.
- Application Preparation: Once confirmed as unique, we prepare and file your application with either the U.S. Patent and Trademark Office (USPTO) for federal registration or the Massachusetts Secretary of the Commonwealth for state registration.
- Monitoring the Application: The review timeline varies, with Massachusetts applications typically taking a few weeks, while federal applications with the USPTO can take several months. We monitor your application’s progress and handle any inquiries from the relevant office to ensure a smooth process.
- Trademark Approval and Registration: Once approved, your trademark is registered, granting you exclusive rights to use and protect your brand in commerce, whether within Massachusetts or nationwide.
How long does it take to know if my trademark application is accepted?
For Massachusetts applications, the review process usually takes a few weeks, while federal applications with the USPTO typically take several months. We can provide you with an estimated timeline for each based on current processing times.
What happens if I find a similar trademark?
Our attorney will conduct a thorough search and advise about the next steps if a similar trademark exists.
Do I need to register my business name and logo separately?
It depends. Sometimes, to fully protect both, separate registrations are recommended. Bross Law, LLC can guide you through the best strategy for your brand.
Can I register my trademark internationally?
Yes. If your business is expanding globally, Bross Law, LLC can advise you about the steps to be taken to register your trademark internationally.
What is included in Bross Law’s trademark registration packages?
Our trademark registration packages include an initial consultation, a comprehensive search, application preparation, and handling of non-substantive inquiries with either the U.S. Patent and Trademark Office (USPTO) or the Massachusetts Secretary of the Commonwealth. Each package is designed to simplify the process while ensuring thorough protection of your brand.
Can Bross Law assist with trademark enforcement if someone infringes on my brand?
Absolutely. We offer enforcement support, including issuing cease-and-desist letters and advising on potential legal action if necessary. Our goal is to protect your brand and help resolve infringements efficiently.
Who will be handling my case at Bross Law?
Mark A. Bross, Ph.D., Esq., leads our trademark services with extensive experience in intellectual property law. Our team works collaboratively to ensure all aspects of your trademark needs are addressed thoroughly and professionally.
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Let’s discuss your legal support needs for your business.