_edited_edited_edi.jpg){kind=small}
Our Trademark Law Group
Our Trademark Law Group is dedicated to helping businesses protect their most valuable assets: their brands. At Fulton Jeang PLLC, we provide comprehensive trademark services tailored to the unique needs of entrepreneurs, small and mid-sized businesses, and innovative industries like technology, Femtech, and food and beverage. From trademark searches and registrations to enforcement and dispute resolution, our trademark team offers strategic guidance to safeguard your intellectual property and ensure your brand's longevity in competitive markets. With our deep expertise and a proactive approach, we are committed to building and protecting the foundations of your business identity.
Trademark rights in the U.S. arise from use, not from filing. But unregistered rights are geographically limited and hard to enforce. Federal registration gives you nationwide priority, the presumption of ownership, access to federal court, the ability to record with Customs, and the leverage to make an infringer stop without litigating. We offer flat fees for:
@ Knockout and comprehensive clearance searches
@ Federal trademark applications (per mark, per class)
@ Response to routine office actions
@ Statement of Use filings
@ Section 8 and Section 9 or 15 registration renewal filings
@ Trademark assignments and recording
Contested matters — TTAB proceedings, litigation, complex enforcement — are typically handled hourly or on an agreed alternative arrangement.
Meet The Team
Trademark FAQS
Q: Do I need to register my trademark?
A: Your U.S. trademark rights arise from your use in interstate commerce. But unregistered trademark rights extend only to the geographic area where you actually use the mark, and enforcing common trademark rights is expensive and uncertain. Federal registration gives you more rights and certainty: nationwide priority, a legal presumption of ownership and validity, access to federal court, and the ability to record with U.S. Customs to block counterfeit imports.
Q:What's the difference between these symbols: ™ and ®?
A: You may use ™ with any mark you claim as a trademark, registered or not. The ® symbol may only be used with a federally registered mark, and only for the goods and services identified in the registration. Using ® before registration issues is improper and can create problems.
Q: How long does trademark registration take?
A: An application moves through several stages: initial examination, publication for opposition, and then either registration or a notice of allowance for intent-to-use applications. Timelines depend heavily on current USPTO pendency and whether your application draws an office action. Typically it is at least seven months before we receive feedback on a new application.
Q: What is a clearance search and do I need one?
A: A clearance search checks whether your proposed mark conflicts with existing registrations, pending applications, or unregistered common-law uses. It's optional, but skipping it is how businesses end up costly rebranding after launch. The cost of a search is a fraction of the cost of a rebrand. Don't risk stepping on landmines.
Q: Can I trademark a descriptive name?
A: Marks that merely describe some aspects of the goods or services are refused registration on the Principal Register unless they've acquired distinctiveness through substantial use over time. This is one of the most common refusals we see. Suggestive, arbitrary, and fanciful marks are stronger and easier to register — and easier to enforce.
Q: What is an office action?
A: A written refusal or requirement from the USPTO examining attorney. Common reasons for refusal include likelihood of confusion with a prior mark, descriptiveness, an unacceptable specimen, or an imprecise identification of goods and services. There is a deadline to respond, and missing it results in automatic abandonment of the trademark application. It is highly advisable to consult with a trademark attorney to resolve issues raised in an office action.
Q: Can I file an application before I start using the mark?
A: Yes. An intent-to-use application lets you secure a priority date before launch. You'll need to file a statement of use with a proper specimen and the date of first use to demonstrate your actual use of the mark in interstate commerce.
Q: What happens after registration — am I done?
A: No. You must file a declaration of continued use between the fifth and sixth year, and renewals every ten years. You can also file a declaration of incontestability with the first renewal to strengthen your trademark rights. These renewals are necessary to maintain the registration in force. We docket these deadlines for clients so they don't become a surprise.
Q: Does my U.S. registration protect me overseas?
A: No. Trademark rights are territorial. Protection abroad requires filings in each country or region, either through the Madrid Protocol or directly. Many countries award rights to whoever files first, regardless of who used the mark first — so if international expansion is on your roadmap, filing early matters.
Q: Someone is using a name or trademark that is similar to mine. What can I do?
A: Options range from doing nothing (not every similarity is actionable), to a demand letter, to a platform takedown, to a TTAB opposition or cancellation, to litigation. The right move depends on how similar the marks are, how related the goods are, who has priority, and what outcome you actually want. We can help you evaluate the issues and determine a course of action.