Daliah Saper, Principal Attorney at Saper Law Offices discusses how to obtain a trademark to protect your business. A trademark is one of your business' most important assets. That's why it's important to take measures to protect that trademark on a national level. The steps to do so involve first a trademark search of the United States Patent and Trademark register to insure that another business has not already trademarked something confusingly similar to the brand that you are seeking to trademark. Assuming the search comes back positive, meaning there are no obvious problems, we will then prepare the application. Working with you to craft the description of goods and services and the class that is most appropriate for the products and services you are selling. We will then submit the application electronically; where it will then get reviewed by a lawyer who works for the United States Patent and Trademark Office. After some correspondence the mark will hopefully move forward to what's called publication and then ultimately you will have, again if there are no oppositions by a third party, a certificate that affords you that circle r which means you have trademark protection throughout the United States. The entire process can take up to a year, but your rights will always revert back to the earliest of your use or the filing of the application. If you have any other questions or more specific inquiries regarding how the process will impact your business, just give us a call. 312 -- 527 -- 4100 saperlaw.com

Daliah Saper, Principal Attorney at Saper Law Offices discusses how to obtain a trademark to protect your business.

A trademark is one of your business' most important assets. That's why it's important to take measures to protect that trademark on a national level.
The steps to do so involve first a trademark search of the United States Patent and Trademark register to insure that another business has not already trademarked something confusingly similar to the brand that you are seeking to trademark.

Assuming the search comes back positive, meaning there are no obvious problems, we will then prepare the application. Working with you to craft the description of goods and services and the class that is most appropriate for the products and services you are selling.

We will then submit the application electronically; where it will then get reviewed by a lawyer who works for the United States Patent and Trademark Office.

After some correspondence the mark will hopefully move forward to what's called publication and then ultimately you will have, again if there are no oppositions by a third party, a certificate that affords you that circle r which means you have trademark protection throughout the United States.

The entire process can take up to a year, but your rights will always revert back to the earliest of your use or the filing of the application.

If you have any other questions or more specific inquiries regarding how the process will impact your business, just give us a call.

312 -- 527 -- 4100
saperlaw.com

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Daliah Saper, Saper Law - Protecting Your Trademark

Saper Law has years of experience helping clients understand the complex world of intellectual property.

Our firm has extensive experience with copyrights, trademarks, trade secrets, design patents, and issues relating to domain names. Our attorneys regularly file applications to register copyrights and trademarks with the appropriate government entities (USPTO for trademarks, US Copyright Office for copyrights), and respond to any refusals, trademark office actions, opposition or cancellation proceedings that may arise.

We are well versed in drafting and negotiating trademark, copyright, and patent licensing and assignment agreements, either as stand alone agreements or as part of larger entertainment, software, or business contracts. If and when those contracts are breached, we regularly represent our clients in Federal and State courts.

IP cases handled by Saper Law Offices include:

  • Developed a trade secret protection program for a software company to maintain trade secret protection for confidential information, computer programs, and internal processes.
  • Successfully defended a web developer and website maintainer in state court against claims of trade secret misappropriation involving website design and customer lists.
  • Represented a software company in federal court in a dispute with a client and former employees over ownership of financial trading software. The lawsuit involved copyright infringement, trade secret misappropriation, and other related claims.
  • Represented a retailer and achieved a favorable settlement in federal litigation involving trademark infringement, trade dress infringement, and counterfeiting claims.
  • Evaluated a proposed settlement during trademark infringement litigation on behalf of the client interested in purchasing the company that was subject to the infringement claims.
  • Responded to the threat of an opposition proceeding involving a pharmaceutical trademark and resolved the matter favorably for our client.
  • Enforced the client’s trademark rights by preventing a former employee from using a similar trademark in starting a competing company.
  • Filed and prosecuted a portfolio of trademark applications and prepared trademark assignment agreements for a software company.
  • Succeeded in opposition proceedings against a former band member seeking federal registration of the band name through falsified specimens.