LEAVITT & ELDREDGE
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Practice Area

Trademark Registration & Protection

The name and the mark are the brand. Treat them that way.

The Practice


An overview of trademark registration & protection.

A trademark is the only intellectual-property asset that grows in value the longer you use it. The firm handles clearance, federal and state registration, TTAB proceedings, and international filings under the Madrid Protocol. The application is filed in the correct class the first time.

Scope of Work


The work the firm performs.

01.

Clearance search

Before you spend on branding, the firm searches USPTO, state, common-law, and international registers to surface conflicts. The cheapest insurance any brand will ever buy.

02.

Federal registration

Use-based or intent-to-use applications. Specimens, drawings, and identifications drafted to maximize protection while avoiding examiner kickback.

03.

Office-action responses

Most refusals are § 2(d) likelihood-of-confusion or § 2(e)(1) descriptiveness. The firm responds with the evidence and argument that gets the application past the examiner.

04.

TTAB proceedings

Oppositions and cancellations before the Trademark Trial and Appeal Board. Petitioner and registrant representation.

05.

International filings

Single-application international filings into the Madrid Protocol's 130-plus member countries. Strategy includes which markets to designate first.

06.

Enforcement

Cease-and-desist letters, platform takedowns (Amazon, Etsy, Shopify), and federal infringement litigation when warranted.

Primary Authorities


The statutes that govern.

A selection of the federal and Texas authorities that govern this practice. The firm's work is grounded in primary law, not paraphrase.

  • 15 U.S.C. § 1051Application for trademark registration
  • 15 U.S.C. § 1052(d)Likelihood-of-confusion refusal
  • 15 U.S.C. § 1052(e)(1)Merely-descriptive refusal
  • TMEP § 1200Substantive examination guidance
  • Madrid ProtocolInternational registration system

Common Questions


Asked on first calls.

01.Can I trademark a name myself?

You may file pro se. The failure rate is meaningful: descriptive marks with no acquired distinctiveness, wrong class, specimens that do not show actual commerce. A short clearance search and a properly drafted application typically avoids the rejection.

02.How long does trademark registration take?

Eight to twelve months from filing to registration is typical, assuming no office action and no opposition. With an office action add three to six months; with an opposition, considerably longer.

03.Should I file internationally?

If you sell into a market, file there. The Madrid Protocol lets you file one application designating multiple countries, dramatically cheaper than filing each separately.

Ready to discuss your trademark registration & protection matter?