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We Love Trademarks

Growing a successful brand includes taking measures to protect it—from the very beginning. Our federal trademark services allow you to do exactly that.

Trademark
services

What We Do

Federal Trademark Registration

We help clients throughout the United States protect their brand through federal trademark registration with the USPTO.

Federal Trademark Maintenance

We help clients maintain their federal trademark registration through Section, 8, 9, and 15 fiings.

Office Action Response to USPTO

Receive a non-final or final office action? Our office can help. Whether we filed the application or not.

Trademark Protection Strategy

Off the Mark consults with small business owners to help them identify their intellectual property and develop a strategy to build their IP portfolio.

Trademark Clearance Search

We search federal and state databases to determine if your trademark is infringing on another brand's intellectual property. This is the foundation of any great brand.

Statement of Use Filings

Recieved a Notice of Allowance from USPTO? We can advise you on the proper use of your trademark and prepare the Statement of Use filing for your application.

I must say my experience with LaConya Murray was very educational, professional and friendly. I am a new business on owner and she explained everything to me step-by-step she made me feel comfortable she knew what she was talking about and it just helps when the professional explain to you step-by-step the process and what to expect. If you are looking for a brand attorney that’s honest and professional please look up LaConya Murray.
Catrina Jackson
Wellness Entrepreneur

Who Needs Federal Trademark Registration

Service Providers

Doctors, therapist, lawyers, accunants, and other service providers using their education and experience to build their brand need to protect it.

Product Providers

Whether your selling apparel, beauty products, or dog toys a federal trademark can protect your unique packaging, brand name, and logo from others looking to benefit from your good reputation.

Course Creators

If you are sharing your genius (education and experience) with others through workshops, courses, seminars, etc.. federal trademark registration to protect your brand.

Retail Stores

Whether you operate a traditional brick and mortar or an e-commerce store it's important you take your place in the market by creating an unique brand needs a federal trademark.

Podcasters

Podcasters, vloggers, bloggers, and other content creators using their voice and visibility to reach the masses need a federal trademark to protect their brand.

Coaches and Consultants

Coaches and consultants using signature programs, methods, and framework to transform their clients can protect their brand through federal trademark registration.

common questions

Off the Mark believes in letting the dancers dance and the singers sing.  Our trademark registration service includes:

  • a comprehensive trademark clearance search
  • preparing and filing of the trademark application with the UnitedStates Patent and Trademark Office
  • Responding to any office actions that may be issued against the application
  • the filing fee for one mark in one class

Our trademark registration service is designed to allow our clients to operate in their realm of genius while we operate in ours.

When you work with Off the Mark you can expect to make informed decisions because education is the foundation of our business. We take our time to educate each of our clients on the trademark process and what to expect. 

While working with us you can also expect competent service based on our almost 10 years of experience, timely communication, and a team that truly cares about the success of your business.

The trademark clearance search is a vital part of the trademark registration process. We cannot confidently file a trademark application without performing an in-house trademark clearance search For this reason we do not offer a trademark application only service.

No. The need for a profitable business prior to federal registration is a common misconception. Your business does not have to make money before you file for federal trademark registration.  Despite what you see on social media, going from launch to profit can take time. If you wait until your business is profitable you risk additional legal fees to protect your brand.

Yes.  Although trademark rights do not exist until the trademark is used to identify a good or service in commerce if you have a bona fide intent to use the trademark in commerce you can protect the mark. It is important for new businesses to take advantage of this.

Unfortunately, the process of starting a business has many steps and can take anywhere from a few months to a few years to go from conception to launch. Filing an intent to use trademark application can protect your brand during this phase and prevent you from having to rebrand for legal reasons down the road.

ABSOLUTELY! During the application process the USPTO will search their database for not just same but also similar trademarks in the same or related industry. If there is a conflict your application will be denied and your investment will go down the drain. A trademark clearance search is designed to find potential conflicts prior to filing the application to allow us to strategically prepare your application for registration.

It depends. If you have a hobby rather than a business the investment may not make sense. However, if you are building a business that provides a good or service in commerce a federal registered trademark is an investment that 

  • will help protect your unique presence in your market
  • can increase the overall value of your brand. McDonald’s brand value is approximately $150 billion dollars. 
  • can be used a collateral in the future
  • can be used to create an additional stream of revenue through licensing

Off the Mark trademark registration service is an all inclusive service offered at a flat fee rate. This means no surprise fees during the registration process. 

Our fee varies depending on our client’s needs which are accessed during the consultation process.

The trademark registration process can take anywhere from 9 months to 3 years depending on the type of application filed and whether any office actions are issued.  Fortunately, your protection starts from the time your application is filed. 

  • Once your application is filed it will sit in the USPTO database for 6-7 months before it is assigned to an examining attorney.
  • Once the application is assigned to an examining attorney they will review the application. If the find any issues with the application they will issue a non-final office action. You will have 6 months to respond. Your response will either be accepted or another office action will be issued.
  • If the issues are resolved or if there are no issues, your application will be published to the public for 30 days. If a third party believes the registration of your mark will harm their trademark they can object to the registration.
  • If there are no objections your application will either 1. go into final review before registration or 2. be issued a Notice of Allowance depending on the type of application filed.

 

Your trademark protection will last as long as you are using the trademark in commerce. To maintain your trademark registration the USPTO requires maintenance or proof that you are still using the trademark in commerce. Trademark maintenance is due between year 5 and 6 after the initial registration then between year 9-10 after the initial registration. Maintenance is due every 10 years after that. Off the Mark can help you maintain your trademark registration.

Our office is located in Montgomery, Al. Although we are Alabama trademark attorneys, we serve clients throughout the United States.  

While LegalZoom may seem to be a viable solution for trademark registration it’s important to note that the people at LegalZoom are not attorneys. In most instances working with them involves completing a questionnaire without speaking to anyone. If your business can benefit from legal advice and support during the trademark process hire Off the Mark. In addition, while the additional fee may be low, LegalZoom is known for charging additional fees during the process.  There are no surprise fees at Off the Mark. Learn more about hiring our team versus LegalZoom here.

Yes, unless we have previously discuss your trademark needs. Our consultations our designed to answer your questions, education you on the trademark process, identify your intellectual property, and develop a strategy to protect it. The consultation fee is taken into consideration in the overall trademark registration fee.

Still not convinced? Check out this video.