We ❤️ Trademark law! Your Chicago Trademark Attorneys.2025-01-14T16:08:01-06:00

We are located in Chicago, but we represent trademark clients throughout the world.

Saper Law has 20 years of experience in all aspects of trademark registration, protection, and enforcement. Saper Law has successfully registered hundreds of trademarks and has litigated nearly two-hundred intellectual property cases in State and Federal Court. We have helped clients like software companies, web-based businesses, pharmaceutical companies, restaurants, fashion designers, magazine publications, education providers, artists, and a wide range of consumer products with their trademark needs.

Daliah Saper, Principal Attorney at Saper Law Offices discusses how to obtain a trademark to protect your business. <br /><br />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. <br />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. <br /><br />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. <br /><br />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. <br /><br />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. <br /><br />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. <br /><br />If you have any other questions or more specific inquiries regarding how the process will impact your business, just give us a call. <br /><br />312 -- 527 -- 4100<br />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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Saper Law Has Filed Nearly 1000 Trademarks!

Saper Law Trademark-Clients

Trademark Registration Process

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Trademark Form

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File the Trademark Application


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USPTO Trademark Office Actions

What is a Trademark Office Action?

After you’ve filed your trademark application, you may receive a Trademark Office Action from the USPTO. This happens when a USPTO Examining Attorney finds issues with your trademark application. Saper Law has years of experience successfully responding to USPTO Office Actions.

Common Trademark Office Actions:

Word needs to be translated.

Living person disclaimer or consent needed.

Improper specimen for proof-of-use.

Incorrect identification or class of goods/services.

Statement/Declaration of Use needed.

Improper signature/signature needed.

Supplemental Register amendment suggested.

The trademark is “merely descriptive”.

The trademark is misleading or deceptive.

The trademark is “primarily a surname”.

The trademark is too similar to an existing trademark.

Representative Trademark Trial and Appeal Board Cases

After an office action is resolved and a trademark is approved by the USPTO examiner, it enters a 30-day publication period. During this time, an outside party—such as a business or individual—can file an opposition proceeding before the TTAB (Trademark Trial and Appeal Board) case to oppose the trademark. An opposition filed after a trademark is registered is called a Cancellation. Opposition and Cancellation proceedings are like lawsuits but entirely on paper. like a lawsuit, aiming to stop registration if the mark could cause confusion, dilute a brand, or infringe on existing rights.

Trademark Actions

Federal Trademark Lawsuits Handled by Saper Law

200

Saper Law has handled nearly 200 trademark, copyright, and business cases!

TRADEMARK LITIGATION

Hangzhou Aoshuang E-Commerce Co., Ltd v. The Partnerships and Unincorporated Associations Identified on Schedule “A” 1:19-cv-04565 (N.D.Ill.)Life After Hate, Inc. et al v. Free Radicals Project Inc.1:18-cv-06967 (N.D.Ill.)

Rinne Corporation v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:22-cv-05808 (N.D.Ill.)

John Doe v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:22-cv-03421 (N.D.Ill.)

Mon Ros International for General Trading and Contracting, W.L.L. v. Anesthesia USA, Inc. et al 1:22-cv-05746 (N.D.Ill.)

Trademark Rightsholder Identified in Exhibit 1 v. The Partnerships and Unincorporated Associations Identified on Schedule “A” 1:22-cv-05746 (N.D.Ill.)

Luxury Brands LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:24-cv-02853 (N.D.Ill.)

Pearson Education, Inc. et al v.Doe 1 et al 1:18-cv-00402 (S.D.N.Y.)

The Gutter Tool, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:23-cv-03344 (N.D.Ill.)

Levi Strauss & Co. v. The Partnerships and Unincorporated Associations Identified on Schedule “A” 1:18-cv-05405 (N.D.Ill.)

Jawzrsize, LLC v. Partnerships and Unincorporated Associations Identified on Schedule “A”, The 1:21-cv-02888 (N.D.Ill.)

Volkswagen AG et al v. The Partnerships and Unincorporated Associations Identified on Schedule “A” 1:18-cv-06611 (N.D.Ill.)

TRT Transportation, Inc. v. Chicago Trolley Rentals, Inc. et al 1:11-cv-03693 (N.D.Ill.)

Volkswagen Group of America, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule “A” 1:20-cv-03128 (N.D.Ill.)

SmoothAir, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:23-cv-07195 (N.D.Ill.)

Emoji Company GmbH v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto 1:21-cv-02942 (N.D.Ill.)

John Doe v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:22-cv-06876 (N.D.Ill.)

Emoji Company GmbH v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto 1:22-cv-06544 (N.D.Ill.)

Flava Works, Inc. v. Bonic et al 1:11-cv-05100 (N.D.Ill.)

General Tools & Instruments, LLC vs Does 1-2092, As Inditified in Exhibit 2 1:19-cv-02519 (N.D.Ill.)

Levi Strauss & Co. v. The Partnerships and Unincorporated Associations Identified on Schedule “A” 1:18-cv-07880 (N.D.Ill.)

Wham-O Holding, Ltd. et al v. The Partnerships and Unincorporated Associations Identified on Schedule “A” 1:18-cv-03264 (N.D.Ill.)

Wham Bam Systems, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:24-cv-07145 (N.D.Ill.)

John Doe v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:24-cv-04034 (N.D.Ill.)

John Doe v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:24-cv-03574 (N.D.Ill.)

John Doe v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:24-cv-02592 (N.D.Ill.)

The Gutter Tool, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:23-cv-03344 (N.D.Ill.)

John Doe v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:23-cv-15455 (N.D.Ill.)

Wham-O Holding, Ltd. et al v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:23-cv-01768 (N.D.Ill.)

John Doe v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:23-cv-00520 (N.D.Ill.)

Above All Co. Forearm Forklift Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:22-cv-03443 (1:22-cv-03443)

Grumpy Cat Limited v. The Individuals, Corporations, Limited Liabiltiy Companies, Partnerships and Unincorporated Associations Identified on Schedule A Hereto 1:19-cv-06676 (N.D.Ill.)

Doe v. Partnerships and Unincorporated Associations Identified on Schedule “A”, The 1:21-cv-01149 (N.D.Ill.)

Emoji Company GmbH v. The Individuals, Corporations, Limited Liability Companies,

Partnerships, and Unincorporated Associations Identified on Schedule A Hereto1:22-cv-06544 (N.D.Ill.)

John Doe v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:22-cv-06876 (N.D.Ill.)

John Doe v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:24-cv-08775 (N.D.Ill.)

Wham Bam Systems, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:24-cv-07145 (N.D.Ill.)

John Doe v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:24-cv-05095 (N.D.Ill.)

John Doe v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:24-cv-04034 (N.D.Ill)

John Doe v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:24-cv-03574 (N.D.Ill)

Luxury Brands LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:24-cv-02853 (N.D.Ill)

John Doe v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:24-cv-02592 (N.D.Ill)

John Doe v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:23-cv-15455 (N.D.Ill)

SmoothAir, Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:23-cv-07195 (N.D.Ill)

The Gutter Tool, LLC v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:23-cv-03344 (N.D.Ill)

Wham-O Holding, Ltd. et al v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:23-cv-01768 (N.D.Ill)

John Doe v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:23-cv-00520 (N.D.Ill)

Torres v. So ILL Apparel and Decals, LLC et al 1:23-cv-00468 (N.D.Ill)

John Doe v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:22-cv-06876 (N.D.Ill)

Emoji Company GmbH v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A Hereto 1:22-cv-06544 (N.D.Ill)

Rinne Corporation v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:22-cv-05808 (N.D.Ill)

Trademark Rightsholder Identified in Exhibit 1 v. The Partnerships and Unincorporated Associations Identified on Schedule “A” 1:22-cv-05746 (N.D.Ill.)

Purepecha Enterprises, Inc. v. El Matador Foods, Inc. 1:22-cv-05569 (N.D.Ill.)

John Doe v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:22-cv-05512 (N.D.Ill.)

John Doe v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:22-cv-04925 (N.D.Ill.)

Above All Co. Forearm Forklift Inc. v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:22-cv-03443 (N.D.Ill.)

John Doe v. The Partnerships and Unincorporated Associations Identified on Schedule A 1:22-cv-03421 (N.D.Ill.)

The Naughtys, LLC v. Quanzhou Jinshidai Electronic Commerce Co.,Ltd. et al 1:21-cv-06713 (N.D.Ill.)

Doe v. The Partnerships and Unincorporated Associations Identified on Schedule “A” 1:21-cv-06222 (N.D.Ill)

Doe Nos. 1-3 v. Partnerships and Unicorporated Associations Identified on Schedule “A”, The 1:21-cv-05220 (N.D.Ill.)

Some of our trademark cases are particularly interesting…

Life After Hate® – represented non-profit focused on reforming white supremacists in suit against former board member for trademark infringement and related claims

Mole Del Rey® – represented client in a case involving counterfeit mole paste sold by former distributer

Viahart® – represented client in pursuing trademark infringement claims against unauthorized foreign e-commerce merchants

Space® – represented diaper company involved in a trademark suit against a competing diaper brand. Both companies sell to the Adult Baby Diaper Lover community.

Daliah Saper with a Trademark Case Client
Saper Law Client - Leaving Hate
Trade Mark LAw Client
Trademark Client

Happy Trademark Clients

Read our clients’ happy reviews on Avvo, Google, Linkedin, and Yelp.

Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Bittersweet experience with Saper on IP infringement case. Bitter due to the late discovery of this law firm and its professionals. Sweet because of the honest, clear and concise dialogue. I have been searching awhile for the right firm to support my future ventures. Saper may be the one.
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A.T. Pressley
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Love Daliah, Brandon and the whole team. Very caring and professional law firm. If you don't already know they area thought leader in IP protection. Strong recommend.
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Jacob Miller profile picture
Jacob Miller
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Wonderful attorney who is very knowledgeable about her practice areas. I recently saw her speak and was very impressed.
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J. Marshall profile picture
J. Marshall
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Wonderful legal professionals
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Brady profile picture
Brady
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Friendly, honest. Explained the background and walked me through my options. Highly recommend
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Chad Parker profile picture
Chad Parker
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
The best people at solving problems are the ones who will sometimes tell you to do nothing. Ms. Saper and her team are super sharp and super wise. Would absolutely use again for legal advice or for anything else.
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Jake profile picture
Jake
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
Daliah Saper was professional, knowledgeable, and put me at ease right away. She clearly explained my options and next steps. I felt supported and confident after our consultation. Highly recommend her and her team.
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Sohaib Ashraf profile picture
Sohaib Ashraf
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
I’m a professional photographer in Chicago and had a 30-minute consultation via google meets with Mrs. Saper and it went excellent! All my questions were answered and she made me feel comfortable and had a calm and professional attitude. I’m very happy with the service
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Miguel Narvaez
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Everyone at Saper Law - especially Daliah - is very knowledgable and helpful. They were integral in helping me file for my trademark and always answered my million questions with a smile.
Posted on Google Google
Vicki Crain profile picture
Vicki Crain

Check Out Our Trademark Content on Social Media!

Frequently Asked Questions

What is a Trademark?2025-01-14T15:35:48-06:00

A Trademark is a distinctive sign, symbol, or indicator which is used to identify the particular source of products or services. Trademarks may also be used to distinguish a particular product from other similar or competing products.

Which Government Agency handles trademark registration?2025-01-14T15:35:45-06:00

In the United States, the United States Patent and Trademark Office (USPTO) handles all U.S. trademark applications and registrations.

How do I register a trademark?2025-01-14T15:35:43-06:00

We have outlined the steps to trademark registration here.

Why register a trademark?2025-01-14T16:14:29-06:00

A Trademark is a distinctive sign, symbol, or indicator which is used to identify the particular source of products or services. Trademarks may also be used to distinguish a particular product from other similar or competing products.

What is the difference between a trademark and a copyright?2025-01-14T16:10:56-06:00

A Trademark is a distinctive sign, symbol, or indicator which is used to identify the particular source of products or services. Trademarks may also be used to distinguish a particular product from other similar or competing products.

How long do trademarks last?2025-01-14T16:12:29-06:00

A trademark lasts forever as long as you use it to sell your products or services. However, a trademark registration must be renewed with the USPTO every 5-10 years.

How much does it cost to register a trademark?2025-01-14T16:14:02-06:00

The fees associated with registering a trademark depend on how many classes your goods and services fall into. The standard fee is $350 per class.

How do i know if my trademark is already taken?2025-01-14T15:35:31-06:00

The USPTO has a public search system that offers tools to search for potentially conflicting trademarks. Given the complexity of the search process, it is advisable to work with an attorney to conduct the search and review the results. Saper Law can conduct an in-depth search for you as a part of our trademark registration process.

What can i do if someone infringes on my trademark?2025-01-14T15:35:29-06:00

If you suspect trademark infringement, it’s important to take action right away. One of our lawyers can discuss the strength of your case and potential courses of action. 

Request a Consultation

Can I trademark a slogan or phrase?2025-01-14T15:35:27-06:00

Absolutely! Trademarks can be anything that serves as a source identifier. That means you can even trademark a smell or sound. The slogan or phrase that you seek to be trademarked must be prominently used in association with your goods or services.

Start your trademark registration here!

Can a trademark be internationally recognized?2025-01-14T15:35:24-06:00

Each country has its own trademark system. A trademark that is secured in the United States will not apply in another country. To ensure that your trademark is recognized in another country, you must go through their process for trademark registration. However, there is a way to streamline this process. Using the Madrid Protocol, trademark owners can file one application to register their trademark in multiple countries.

Start your trademark registration here!

What is the difference between a state and federal trademark?2025-01-14T16:14:54-06:00

A state trademark provides protection only within a specific state, while a federal trademark, registered with the USPTO, grants nationwide protection across the U.S. Federal trademarks offer stronger legal rights and broader enforcement options, whereas state trademarks are limited to state-level enforcement

When Can I use the ® or TM symbols?2025-01-14T15:35:20-06:00

You can use the TM symbol at any time to indicate that you claim rights to a trademark, even if it’s not registered. The ® symbol, however, can only be used once your trademark is officially registered with the USPTO

Do I Need to Sell a Good/Service to Obtain Trademark Rights?2025-01-14T15:35:18-06:00

Yes, to obtain trademark rights, you must use the trademark in commerce by selling or offering a good/service under that mark. Federal trademark registration requires proof of this commercial use.

Is There a Difference between a Trademark and a Service Mark?2025-01-14T15:35:16-06:00

Yes, a trademark is for products, while a service mark is for services. Essentially, they function the same way, but the term “trademark” is often used for both.

What happens if my trademark application is refused?2025-01-14T15:35:13-06:00

If your trademark application is refused, you’ll receive an Office Action from the USPTO explaining why. You can then choose to either respond and argue against the refusal, agree to amend your application, or abandon the trademark and start over.

Benefits of Working With an Experienced Trademark Attorney

There are several advantages to working with a Saper Law trademark attorney. Trademark law can be complex and having an experienced attorney on your side can help ensure that your trademark is properly protected. Here are some of the benefits of working with a Saper Law trademark lawyer:

Experience and knowledge

 A trademark lawyer will have a deep understanding of the law and how it applies to your situation. This can be invaluable in ensuring that your trademark is properly registered and protected.

Protection

A trademark attorney can help you protect your trademark from infringement. They can also help you enforce your rights if someone does infringe on your trademark.

Peace of mind

Working with a trademark lawyer in Chicago, Illinois can give you peace of mind, knowing that you have an expert on your side who is looking out for your interests.

If you are considering trademark registration, be sure to contact the experienced Trademark Attorneys at Saper Law Offices in Chicago, Illinois.

Trademark Lawsuits Handled by Saper Law

In trademark litigation, the three main claims are trademark infringement, unfair competition, and trademark dilution. Saper can assist you with bringing or defending against these claims.

In Federal Court, Saper Law has litigated nearly two hundred intellectual property & technology cases. Similarly, Saper Law has extensive experience in litigating State Trademark and Unfair Competition Cases.

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