Posted on: February 7, 2012
FlatFee Trademark founding attorneys Keesonga Gore and Serena Minott have been featured as the ‘Trep of the Month in the February issue of Entrepreneur Magazine. Attorneys Minott and Gore represent clients throughout the United States and internationally on matters of intellectual property and trademark protection. They founded FlatFeeTrademark.com in 2008 to serve the needs of small business owners and entrepreneurs looking for affordable trademark services from experienced trademark attorneys. Read the feature in Entrepreneur Magazine here.
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Posted on: February 2, 2012
This year, make a resolution to get your Intellectual Property house in order. Those nagging little things like trademarks, copyrights, patents and contracts you know you should do but just never got around to last year. This is a resolution worth keeping and we promise it’s one of the best decisions you can make for your business.
Here’s our checklist of top things to get started in protecting the intangible assets of your company:
1. Register your intellectual property. Let’s say you were fortunate enough to receive an iPhone or a Kindle for Christmas. What’s the first thing you did after opening the box? You logged on to “register your device,” didn’t you? You created a record that the iPhone or Kindle belongs to you and you have proof of ownership through registration.
Intellectual property works exactly the same way. Bolster your legal rights with a federal trademark registration at the U.S. Patent and Trademark Office (USPTO), a registered copyright with the U.S. Copyright Office, or a registered patent from the USPTO. These measures create enforceable rights in your favor if you are ever in the position of defending your right of priority use and/or ownership.
2. Search your brand. Search your company or brand name every so often just to see what shows up, you may be surprised. A low-maintenance way to keep track of things on the Internet that may be of interest to you is to set up a Google Alert for your brand name (Bing may also offer this service). Google will send you daily or weekly alerts of any articles, websites or content containing your designated keyword(s).
3. Maintain consistency. Ensure your brand is represented consistently each and every time it’s used, by you and especially by others. If your logo includes a stylized font, special capitalization or other unique identifiers, be sure it is always used and represented that way. This ensures the strength and consistency of your trademark and will work in your favor in case of possible infringement where someone may not use your exact mark or wording, but something very similar in sound or appearance.
4. Take advantage of legal tools. One of the most common tools for intellectual property protection is a Confidentiality and Non-Circumvention Agreement. It’s a relatively simple document, it can be reworked for various counter-parties, and it provides some measure of enforceable protection when sharing business ideas, concepts and innovations with others. It’s not foolproof, no contract is, but it is a written record of your mutual understanding regarding origination, ownership, confidentiality and financial gain, if any.
These are just a few suggestions to help you keep your Intellectual Property Protection resolution for 2012. If you need any assistance or additional information on these tips, please give us a call, (800) 769-7790. On behalf of the attorneys at Minott Gore, P.A. and FlatFeeTrademark.com, we wish you a very prosperous and well-protected new year!
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Posted on: January 5, 2012
We have exciting news! Co-founding Flat Fee Trademark attorney Serena Minott has been featured in the ABA Perspectives Magazine, a publication of the American Bar Association. The article features women attorneys who made a major career transition while staying within the practice of law.
As a former large firm alumni in Washington D.C., Attorney Minott considered trading in her legal hat to enter the world of entrepreneurship. Fortunately, she realized the issue was not practicing law but rather the nature of her work in a large firm. Serena found a happy medium by establishing her own law firm, Minott Gore, P.A., which she founded with Attorney Keesonga Gore, another large firm alum, in July 2007. Attorneys Minott and Gore set out to build a new kind of law practice, one focused on high quality, relationship-based representation for small business owners and entrepreneurs.
Serena Minott, a formerly disillusioned big-firm associate, also suggests forging your own path. “I was really tempted to walk away from the law entirely, but I gave it another go because I believed I could build a different kind of practice actually enjoying what I do,” explains the cofounder of Minott Gore, P.A., a Miami-based trademark and corporate firm launched in July 2007. “When you’re an associate, the pace is fast. You turn in your work and move on to something else. Today we represent small-business owners in a very relationship-based practice. Every day I’m excited to go to work because I love talking to and working with clients.
To read the full article, please see the Fall 2011 edition of ABA Perspectives Magazine, or download it here.
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Posted on: December 30, 2011
Happy New Year from Flat Fee Trademark! We’d like to take this opportunity to say thank you and best wishes to all our loyal customers, supporters and friends. Regardless of what may have occurred in your business in 2011, there’s a new year ahead. An opportunity to make a fresh start or to continue the growth and success of the past year. Whether you’re a seasoned entrepreneur or starting your very first company, we wish you success, longevity, prosperity and profitability in 2012!
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Posted on: November 28, 2011
Flat Fee Trademark attorneys Serena Minott and Keesonga Gore have been featured in The New York Times! The article chronicles the trend of entrepreneurial attorneys who are leaving the partnership track at large law firms to start their own practices. The feature includes several attorneys who have hung out their own shingle over the past five years and achieved success on their own terms.
Attorneys Minott and Gore started their legal careers at large, multinational law firms in Washington D.C. Attorney Minott worked as an associate at Dewey LeBoeuf, LLP and Attorney Gore worked as an associate at SNR Denton, LLP. After spending several years at these firms, honing their legal skills, knowledge base and expertise, Attorneys Minott and Gore left to start their own law practice where they could focus more on client relationships and build a meaningful practice serving the needs of small businesses and emerging entrepreneurs. They founded the Law Office of Minott Gore, P.A. in July 2007. The firm’s practice includes all aspects of trademark law, trademark protection and business law. Flat Fee Trademark is a service of Minott Gore, P.A.
Read the full article and find out how our attorneys handle the business of managing a law firm here.
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Posted on: November 7, 2011
Your brand name or trademark is your unique identifier in the marketplace. It identifies your goods or services to prospective customers so they know to choose your products over those of your competitors. Brands are a consumer’s reference point – they are hallmarks of trust, quality and reliability. You may buy Crest toothpaste because you like the way it whitens your teeth, or Allstate insurance so you know you’re in good hands.
Your brand is huge, and even if it doesn’t seem like it right now, it has the potential to be the most valuable asset in your company. Protecting your trademark is no small undertaking and should not be left to chance. This month, we consider the top 5 reasons why you should work with a trademark attorney in protecting your brand name.
1. Trademark Law Is Complicated. Trademark law is a highly specialized area of the law with specific rules and requirements. Registering a trademark may seem like a straightforward form process, but in truth, trademark law in the United States is subject to specific regulations, unique filing requirements and is strictly enforced by the U.S. Patent and Trademark Office (USPTO). There are many areas for mistakes and simply entering the wrong information could lead to your application being rejected and losing any filing fees paid.
2. Cost Effective. Believe it or not, it can cost less to register your trademark with a trademark attorney than without one. If there are any errors, omissions or conflicting marks when you file your trademark application, the USPTO will issue an Office Action refusing registration of your mark. If the issues are substantive, or in the case of a conflicting trademark, you will likely have to hire a trademark attorney to respond to the Office Action on your behalf. This usually incurs additional fees. Wouldn’t it have been smart to use a trademark attorney from the outset?
3. Better Searches, Better Odds of Success. Trademark attorney searches are much more in-depth and comprehensive than the search that is available on the USPTO website. Trademark attorneys, including the attorneys at Flat Fee Trademark, use paid, proprietary databases to search trademarks. Our searches don’t just include your mark, but also variations of the mark that could result in the USPTO denying your application. You may think you’ve covered all your bases, but if you don’t know what to look for, you will probably miss something. An experienced trademark attorney can help spot potential issues and conflicting marks before submitting your trademark application.
4. Real Live Attorneys. Beware quickie trademark filing companies. Most of these filing services are not staffed by trademark attorneys. They may use a paid attorney spokesman, but they are just document preparers. They cannot provide legal advice and if you receive an Office Action or an Opposition proceeding from a third party challenging your mark, you’ll have to find and hire a real trademark attorney.
5. Avoid Infringement of Other Marks. A trademark attorney can advise you on using and registering your mark in a manner that will reduce the likelihood of infringement of others’ trademarks. In considering trademark registration, it’s important to get your mark registered as soon as possible, but it’s even more important to ensure you have proper rights in the trademark. If someone else is using the same mark or something very similar for related goods or services, you could be sued for trademark infringement. This would be bad. A trademark attorney can provide guidance on proper use of your trademark to avoid liabilities down the road.
So there you have it, the Top 5 reasons to hire a trademark attorney when registering your trademark. If you have any questions about the trademark registration process or trademark law in general, the trademark attorneys at Flat Fee Trademark are available to answer. Please give us a call at (800) 769-7790. We offer free consultations and we’re always happy to hear from you.
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Posted on: October 31, 2011
Co-founding Flat Fee Trademark Attorney Serena Minott was recently featured in YFS Entrepreneur Magazine! The article chronicles Serena’s career path from a Washington D.C. law firm associate to opening her own law practice. Serena shares her inspiration for entrepreneurship, the biggest challenges she faced in building her business and the best lessons she learned along the way to help other aspiring entrepreneurs and business owners.
Read Serena’s story at YFSEntrepreneur.com.
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Posted on: October 24, 2011
One of our frequently asked questions is “what’s the difference between a trademark, copyright and patent.” Are they the same and do they protect the same things?
The simple answer to this question is NO! While trademarks, patents and copyrights are all forms of intellectual property, they are quite different from each other.
A patent is a government grant of an exclusive right to prevent others from practicing a new invention for a limited time. A patent is the only way in most countries to protect a new and useful invention and it must generally be applied for before any public disclosure of the invention. In some jurisdictions, such as the United States, a grace period is provided so that an application can be filed up to one year after disclosure. The subject matter of a patent may be a new and useful process, machine, article of manufacture or composition of matter, or any new and useful improvement thereof. Depending on the country, patents may also be granted for business methods, computer programs and living organisms, as well as ornamental designs.
A patent is granted by the national government and the procedure to apply for one can be quite expensive. The application undergoes a rigorous examination process that can take several years. Once issued, the patent term may vary depending upon the type of patent, but generally lasts for 20 years from the filing date if periodic maintenance fees are paid.
Copyright is a bundle of rights that the author or creator of works entitled to copyright protection enjoys in regard to those works. Copyright protects these original works of expression, not the idea itself. The subject matter of a copyright may be a writing, publication, book, play, song, dance, painting, sculpture, print, photograph, movie, video or recording, but this list is not exhaustive. Copyrights can also be granted to protect computer programs, and even buildings.
Copyright rights exist automatically in some jurisdictions as soon as the work has been fixed in a tangible medium, such as on paper or in a recording. Registration may not be required under international conventions, but may, as in the United States, be a prerequisite for certain benefits of registration to take effect, such as filing a lawsuit for infringement and requesting certain remedies. In other jurisdictions, registration is required. Copyright registration is usually inexpensive because it is subjected to a low level of examination. The duration of a copyright depends on the country, but can last for as many as 70 years after the life of the author or creator, or 95 years from the date of publication or 120 years from the date of creation of works authored by companies.
A trademark is a word, logo, symbol, package design or other source indicator used to identify the source of a particular product or service in the marketplace. Trademark rights may continue indefinitely, as long as the mark is neither abandoned by the trademark owner, nor loses its significance in the marketplace as a trademark by becoming a generic term. Trademarks are statutory protections of commerce designed to protect consumers from confusion.
A trademark registration can remain valid forever, provided that the registration is periodically renewed. In some countries, such as the United States, it is also necessary to submit evidence showing continued use of the mark for the registration to remain in force. Most countries also have cancellation procedures that enable third parties to request cancellation of a trademark registration if the mark is not used in the country for a certain amount of time, often a three-year or five-year period.
So there you have it, the long form answer to one of our most frequently asked questions. Each form of intellectual property protects different subject matter and has different requirements, durations and costs. You can contact us at any time for a free consultation regarding your intellectual property concerns. Call (800) 769-7790 or send us a email, info@flatfeetrademark.com.
Portions of this article were originally published by the International Trademark Association. Copyright © 2011 the International Trademark Association and reprinted with permission from “Trademark Basics: A Guide for Business.”
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Posted on: October 3, 2011
Here’s a helpful guide of what to expect during the trademark application process once your application is filed at the U.S. Patent and Trademark Office (USPTO). The flow chart explains the review process and timeline for an “In Use” application – meaning you are already using your trademark when the application is filed. See the interactive feature here. The attorneys at FlatFee Trademark provide fast, professional trademark application filing services. Contact us for a free consultation, (800) 769-7790.
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Posted on: September 26, 2011
If the United States Patent and Trademark Office (USPTO) has issued an Office Action against your trademark application, don’t panic… it’s not the end of your process and it doesn’t mean your mark will not become registered. An Office Action means the USPTO Examiner assigned to your trademark file found an issue in your application that must be clarified or corrected before your mark can move forward.
Office Actions are a standard part of the trademark registration process and Examiners issue them for a number of reasons. Some are quite standard and easily remedied, while others are more substantive and may require legal arguments and evidence to support your position and justify why your mark should be entitled to registration.
As a part of the trademark registration process, Examiners thoroughly review the information contained in your trademark application to ensure the mark should be allowed registration. Some of the most common bases for Office Actions are reviewed here.
Disclaimer of Unregistrable Components – Trademark law requires trademark applicants to disclaim portions of their marks that are generic, merely descriptive or deceptively misdescriptive. Disclaimed wording still constitutes a part of the protected mark, but any words that are generic or which merely describe the goods or services, are not entitled to protection and may have to be disclaimed. If you receive an Office Action requiring a disclaimer, you are still entitled to use the generic or descriptive wording as a part of your trademark, and the mark will be protected in its entirety, but you will not have exclusive rights to prevent others from using or adopting marks that also contain the generic or descriptive material.
Likelihood of Confusion – Perhaps the most common substantive basis on which the USPTO may refuse registration of a proposed trademark is likelihood of confusion with another mark. If the Examiner determines that a trademark, when used on or in connection with the goods or services identified in the application, so resembles a registered trademark that it is likely to cause confusion among consumers, the mark may not be registered. Likelihood of confusion concerns the similarities between the marks and the relatedness of the goods or services in the applications. If you receive an Office Action based on likelihood of confusion, there may be arguments available to distinguish your mark, the covered goods or services, or the manner in which the goods will be sold in commerce, from the registered or prior-pending trademark.
Merely Descriptive – An Office Action that is similar to and often accompanies the “Disclaimer” requirement involves marks that are “merely descriptive” under Section 2(f) of the Trademark Act. If a proposed trademark just describes the goods or services contained in the application, it does not function as a trademark and may not be registered. For Office Actions based on descriptiveness, the applicant may submit arguments and evidence showing that the mark does not merely describe the goods or services, or that the mark has somehow acquired distinctiveness to serve as a trademark (e.g., the mark has been in use for at least 5 years).
Description of goods too broad – If your application includes a very broad or vague description of the goods or services that you offer in connection with your trademark, the USPTO will issue an Office Action requiring a more definite statement. The description of goods and services included in an application may be narrowed, but cannot be enlarged. In responding to these Office Actions, you can amend the description of goods and services to more specifically describe your products, but you would not be able to add any goods or services that are outside the original scope of the application.
There are other bases of refusal that may result in the USPTO issuing an Office Action against your application. The attorneys at FlatFeeTrademark.com can evaluate your trademark Office Action and provide you with an opinion regarding likelihood of success. We offer flat fee pricing on Office Action responses. Please contact us at (800) 769-7790 for a complimentary consultation regarding your specific Office Action (please have your Trademark Application Serial Number ready).
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