SPIEGEL & UTRERA, P.A.

LAWYERS

PAYMENT IS NOT REQUIRED

SPIEGEL & UTRERA, P.A.

LAWYERS

PAYMENT IS NOT REQUIRED

SPIEGEL & UTRERA, P.A.

LAWYERS

PAYMENT IS NOT REQUIRED

SPIEGEL & UTRERA, P.A.

LAWYERS

PAYMENT IS NOT REQUIRED

INTELLECTUAL
PROPERTY
LAW

—BEGIN WITH AN IDEA—CREATIVE GROWTH—BRAND BREADTH—LIMIT EXPOSURE —NO STATUS QUO

*Did you know Copyright is essential for authors, artists, and just about anyone working in creative fields?

TRADEMARK

—YOUR BUSINESS NAME—NOVEL WORDS—MEMORABLE CONTENT—AUDIENCE RECOGNITION —AESTHETIC CULTURE

*Most can’t easily guess the importance of trademark registration. Ask us us today

TRADE DRESS

—THE WHOLE PICTURE—IDIOSYNCRATIC ELEMENTS—LASTING IMAGERY—THEMATIC MEMORY—IMPACT CULTURE

*Did you know the look and feel of your business can be more memorable than a name alone? Ask us how…

COPYRIGHT©

—WHAT’S IN A WORD—ORIGINAL AUTHORSHIP—WORD OF MOUTH—MIND PRODUCT —INTELLECTUAL CULTURE

*Did you know Copyright is essential for authors, artists, and just about anyone working in creative fields?

Welcome to our IPLaw section!

—BUILDING YOUR SUCCESS MATTERS MOST TO US

Comprehensive answers ……. the complexities of Trademarks, Copyrights, and more ……. We’re here to cover you through and through!
— Our results speak for themselves

TRADE|SERVICE&COPYRIGHT—BUSINESS PROTECTION—ESSENTIAL —SEA TO SEA—DEPTH —DIRECT

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Trademark Services

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Lien Protection

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“Upon filing your Trademark or Copyright Application with the Government, Spiegel & Utrera, P.A. will give you written confirmation of the filing of your Trademark or Copyright Application with the Government.”

Contractor v. Employee

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GCC & RA

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Contract Consulting

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“Upon filing your Trademark or Copyright Application with the Government, Spiegel & Utrera, P.A. will give you written confirmation of the filing of your Trademark or Copyright Application with the Government.”

TM Receipt*

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“Upon filing your Trademark or Copyright Application with the Government, Spiegel & Utrera, P.A. will give you written confirmation of the filing of your Trademark or Copyright Application with the Government.”

A Federal Trademark is a word, name, symbol, phrase, slogan, or combination of these items which is used to mark and distinguish goods or services to indicate their source or origin throughout the United States. Federal Trademark rights may be used to prevent others from using the same or a similar Mark in the United States.
Federal trademark registration safeguards against imitators causing brand confusion and harm to your reputation. Spiegel & Utrera, P.A., boasts a track record of aiding clients in state trademark registration. Prior to proceeding, ensuring your unique trademark concept remains unclaimed is essential. Entrust Spiegel & Utrera, P.A. with their legal expertise to guide you seamlessly through the state trademark or servicemark registration procedure. An unmistakable brand symbol linked to your offerings holds immense value.
A Federal Servicemark is the same as a Federal Trademark, except that it identifies and distinguishes the source of a service rather than a product. A registered Servicemark allows you to put everyone on notice with the Federal Trademark symbol “®” once the Federal Trademark process is complete.
Advertise and promote your Mark and build name recognition and goodwill for your business with out fear of losing the Mark to another. Servicemarks may subject copycat to injunction, statutory treble damages, profit disgorgement and attorney’s fees if litigation is necessary to prevent such a copycat from using your Mark.

 

“First use” refers to the concept that the individual or entity who first uses a trademark, trade name, or any other form of intellectual property in commerce gains certain legal rights to that property. These rights are typically associated with trademark law. It’s important to note that intellectual property rights, especially related to trademarks, can be complex and subject to specific legal requirements and deadlines.
Federal trademark registration safeguards against imitators causing brand confusion and harm to your reputation. Spiegel & Utrera, P.A., boasts a track record of aiding clients in state trademark registration. Prior to proceeding, ensuring your unique trademark concept remains unclaimed is essential. An unmistakable brand symbol linked to your offerings holds immense value. Spiegel & Utrera are here to cover you.
Intent to Use (ITU) is a crucial concept in intellectual property law, particularly in the context of trademarks. It allows individuals or businesses to apply for trademark protection before they’ve actually started using the mark in commerce. This provision is invaluable for those who are in the process of developing a product or service but want to secure their brand identity early. Preparation and timing are paramount.
By filing an ITU application with the United States Patent and Trademark Office (USPTO), applicants establish their intent to use a specific trademark in the near future. This reserves their rights to that mark, preventing others from registering a similar mark during the development phase. However, it’s essential to provide a bona fide intent to use the mark, as false claims can lead to the cancellation of the application.
Once the mark is in use, the applicant must submit proof of use to complete the registration process. ITU applications offer a strategic advantage for securing brand names, allowing businesses to protect their intellectual property from the outset.
Assigning ownership to an entity (such as a corporation or LLC) provides legal clarity and protection. It separates personal assets from IP assets, shielding individuals from personal liability in case of legal disputes.
An entity can more effectively manage, license, and transfer IP assets. It ensures that the rights to these assets are clearly defined, making transactions and negotiations with third parties smoother.
IP ownership by an entity ensures continuity. Even if individuals within the organization change, the entity’s ownership of the IP remains intact, providing stability and longevity to the assets. In case of IP infringement, it’s easier for an entity to take legal action and enforce its IP rights, as it’s a recognized legal entity with standing in court.
A Federal Trademark is a word, name, symbol, phrase, slogan, or combination of these items which is used to mark and distinguish goods or services to indicate their source or origin throughout the United States. Federal Trademark rights may be used to prevent others from using the same or a similar Mark in the United States.
Federal trademark registration safeguards against imitators causing brand confusion and harm to your reputation. Spiegel & Utrera, P.A., boasts a track record of aiding clients in state trademark registration. Prior to proceeding, ensuring your unique trademark concept remains unclaimed is essential. Entrust Spiegel & Utrera, P.A. with their legal expertise to guide you seamlessly through the state trademark or servicemark registration procedure. An unmistakable brand symbol linked to your offerings holds immense value.
A Federal Servicemark is the same as a Federal Trademark, except that it identifies and distinguishes the source of a service rather than a product. A registered Servicemark allows you to put everyone on notice with the Federal Trademark symbol “®” once the Federal Trademark process is complete.
Advertise and promote your Mark and build name recognition and goodwill for your business with out fear of losing the Mark to another. Servicemarks may subject copycat to injunction, statutory treble damages, profit disgorgement and attorney’s fees if litigation is necessary to prevent such a copycat from using your Mark.

 

“First use” refers to the concept that the individual or entity who first uses a trademark, trade name, or any other form of intellectual property in commerce gains certain legal rights to that property. These rights are typically associated with trademark law. It’s important to note that intellectual property rights, especially related to trademarks, can be complex and subject to specific legal requirements and deadlines.
Federal trademark registration safeguards against imitators causing brand confusion and harm to your reputation. Spiegel & Utrera, P.A., boasts a track record of aiding clients in state trademark registration. Prior to proceeding, ensuring your unique trademark concept remains unclaimed is essential. An unmistakable brand symbol linked to your offerings holds immense value. Spiegel & Utrera are here to cover you.
Intent to Use (ITU) is a crucial concept in intellectual property law, particularly in the context of trademarks. It allows individuals or businesses to apply for trademark protection before they’ve actually started using the mark in commerce. This provision is invaluable for those who are in the process of developing a product or service but want to secure their brand identity early. Preparation and timing are paramount.
By filing an ITU application with the United States Patent and Trademark Office (USPTO), applicants establish their intent to use a specific trademark in the near future. This reserves their rights to that mark, preventing others from registering a similar mark during the development phase. However, it’s essential to provide a bona fide intent to use the mark, as false claims can lead to the cancellation of the application.
Once the mark is in use, the applicant must submit proof of use to complete the registration process. ITU applications offer a strategic advantage for securing brand names, allowing businesses to protect their intellectual property from the outset.
Assigning ownership to an entity (such as a corporation or LLC) provides legal clarity and protection. It separates personal assets from IP assets, shielding individuals from personal liability in case of legal disputes.
An entity can more effectively manage, license, and transfer IP assets. It ensures that the rights to these assets are clearly defined, making transactions and negotiations with third parties smoother.
IP ownership by an entity ensures continuity. Even if individuals within the organization change, the entity’s ownership of the IP remains intact, providing stability and longevity to the assets. In case of IP infringement, it’s easier for an entity to take legal action and enforce its IP rights, as it’s a recognized legal entity with standing in court.

The interplay between state and federal intellectual property (IP) laws in the United States is a complex and multifaceted legal landscape, particularly when it comes to trademark, servicemark, trade dress, and copyright protections. These areas of IP law involve a delicate balance between federal and state regulations, each serving distinct yet interconnected roles

The federal government, through the United States Patent and Trademark Office (USPTO), grants trademark, servicemark, and copyright registrations. Federal registration provides broad protection and exclusive rights to use a mark nationwide. Once registered, the mark holder can enforce their rights in federal courts.

 

Copyright law is exclusively governed by federal statutes. Registration with the U.S. Copyright Office is not required for copyright protection, but it offers several advantages, including the ability to sue for statutory damages and attorney’s fees in federal court. Federal copyright law covers a wide range of creative works, from literary and artistic creations to software and architectural designs.

While states don’t grant copyright protection, they may handle various copyright-related matters. For instance, if there’s a dispute over a copyright contract or an infringement case involving a state entity, these issues might be litigated in state courts. Additionally, some states may have specific copyright laws related to certain types of works, like state-produced materials.

Some states offer their own trademark registration systems, often referred to as “state trademarks” or “servicemarks.” While these registrations confer limited geographical protection within the state, they can be valuable for businesses primarily operating locally. However, state trademark rights are generally subordinate to federal trademark rights.

Some businesses, particularly small or local ones, may opt for state trademark registration. This process typically provides protection limited to the state in which it’s registered. For instance, if a bakery in New York registers its logo as a state trademark, it can protect its rights only within New York’s borders. However, this state-level protection can be valuable for businesses that operate primarily within a specific geographic area.

 

A servicemark, like a trademark, is indeed used to identify and distinguish the source of services rather than physical goods. Servicemarks protect names, logos, or other identifiers associated with services, helping consumers identify the source of those services. The primary difference between trademarks and servicemarks is the type of offering they protect—trademarks are for goods, while servicemarks are for services. The protection and registration process for both, whether at the federal or state level, operate on similar principles of preventing confusion and protecting the brand’s identity in the context of commerce.

Servicemark owners have the legal right to enforce their marks by taking legal action against unauthorized use or infringement. This enforcement can include seeking damages, injunctive relief, or other remedies to protect the servicemark’s integrity.

Federal&Beyond

 

Continued Use Declaration

or Excusable Nonuse

$349.95
+gov filing fee

YOUR SATISFACTION —  Our Guarantee

declare now!
Other Services

TM / SM Common Law Search

Search & Attorney Opinion

$250.00
+gov filing fee

YOUR SATISFACTION —  Our Guarantee

search now!
Other Services

Use Notice

6mo Statement or Allegation

$249.95
+gov filing fee

YOUR SATISFACTION —  Our Guarantee

file notice now!
Other Services

120mo Renewal

Trademark or Servicemark

$250.00
+gov filing fee

YOUR SATISFACTION —  Our Guarantee

renew now!
Other Services

Trademark Monitoring

ask about online protection

$424.95
monthly

YOUR SATISFACTION —  Our Guarantee

monitor now!
Other Services

SPIEGEL & UTRERA, P.A.

LAWYERS

Here for you through & through

Please review and fill out carefully! One of our attorneys will be with you shortly!


BUILD
DILIGENTLY

—BEGIN WITH AN IDEA—RESEARCH—DESIGN—FORM YOUR ENTITY —PROTECT IT

*Did you know 6 out of 10 entrepreneurs fall short in protecting their Intellectual Property?

VIVIDLY
VISUALIZE

—YOUR FIRST MARK—POWERFUL—VALUABLE—PRESENCE —STARTUP CULTURE

*The first trademark is special, and it’s a gateway to add value to your life.

COVERAGE

 

Federal Trademark / Servicemark

Search & Attorney Opinion

 

$275.00
+gov filing fee

 

OUR GOAL —  YOUR Complete Satisfaction and Understanding


file now!
A search of the United States Government’s records including Marks that have been registered and are currently pending registration and an opinion as to the results of the search. Up to 3 words – $275. More than 3 words would be $50 per additional word. We strongly recommend you conduct a Trademark or Servicemark Search when proceeding with your registration. A Trademark or Servicemark search helps to uncover a similar Mark in use. Conducting a search also shows your intent to act in good faith, which can be a very important factor should a problem ever arise.

 

Federal Copyright Registration

full or co-authorship

$367.95
+gov filing fee

OUR GOAL —  YOUR Complete Satisfaction and Understanding


file now!
You went through the grueling creative process and created a masterpiece. Don’t let others steal your artistic vision! Spiegel & Utrera, P.A., has helped numerous clients to register their federal copyright with the U.S. Government. Allow Spiegel & Utrera, P.A. to use its legal understanding to ease you through the federal copyright registration process.

 

Trademark Assignment

change of ownership

$367.95
+gov filing fee

OUR GOAL —  YOUR Complete Satisfaction and Understanding


file now!
What Happens if the Federal Trademark or Federal Servicemark Owner Changes or Their Name Changes?
During the examination of a pending Federal Trademark application as well as after a Federal Trademark has registered, the owner of a Federal Trademark may change for various reasons. Sometimes Federal Trademark or Servicemark owners transfer their ownership of a Mark to another entity, which is called an Assignment. In addition, some Federal Trademark owners change their names while retaining ownership. In both instances, Federal Trademark owners should record the change of parties or change of name.

 

Federal Trademark or Servicemark Extension

Statement or Allegation of Use Extension

$249.95
+gov filing fee

 

OUR GOAL —  YOUR Complete Satisfaction and Understanding


file now!
In order to maintain your trademark or servicemark, you must file a sworn statement that the Mark is in commerce or that the there are special circumstances that constitute non-use and not abandonment of the Mark. The owner of the registration must file the sworn statement the end of the sixth year (72 months) after the date of registration of the Mark and at the end of each successive ten year period (120 months) after the date of registration. The sworn statement may be filed one year prior to the filing due date or during a six month grace period immediately after the filing due date.

 

Common Law Search

and Attorney Opinion

$250.00
** full search

OUR GOAL —  YOUR Complete Satisfaction and Understanding


file now!

A search must be in full. Looking only at U.S. and State Trademark registers is not enough. Trademark rights in the United States arise from use, not registration, and the owner of an unregistered Trademark may be able to enjoin your company’s use. A proper, full common law Trademark search therefore includes trade directories, business name lists, and information databases.

If the search is favorable, the entrepreneur can apply for registration on the principal register for Federal Trademarks with either an intent-to-use application, which requires subsequent filing of proof of actual use, or an actual-use application if the Mark has already been used in interstate commerce.

Federal Trademark / Servicemark

Search & Attorney Opinion

$275.00
+gov filing fee

OUR GOAL —  YOUR Complete Satisfaction and Understanding


file now!
A search of the United States Government’s records including Marks that have been registered and are currently pending registration and an opinion as to the results of the search. Up to 3 words – $275. More than 3 words would be $50 per additional word. We strongly recommend you conduct a Trademark or Servicemark Search when proceeding with your registration. A Trademark or Servicemark search helps to uncover a similar Mark in use. Conducting a search also shows your intent to act in good faith, which can be a very important factor should a problem ever arise.

 

Federal Copyright Registration

full or co-authorship

$367.95
+gov filing fee

OUR GOAL —  YOUR Complete Satisfaction and Understanding


file now!
You went through the grueling creative process and created a masterpiece. Don’t let others steal your artistic vision! Spiegel & Utrera, P.A., has helped numerous clients to register their federal copyright with the U.S. Government. Allow Spiegel & Utrera, P.A. to use its legal understanding to ease you through the federal copyright registration process.

 

Trademark Assignment

change of ownership

$367.95
+gov filing fee

OUR GOAL —  YOUR Complete Satisfaction and Understanding


file now!
What Happens if the Federal Trademark or Federal Servicemark Owner Changes or Their Name Changes?
During the examination of a pending Federal Trademark application as well as after a Federal Trademark has registered, the owner of a Federal Trademark may change for various reasons. Sometimes Federal Trademark or Servicemark owners transfer their ownership of a Mark to another entity, which is called an Assignment. In addition, some Federal Trademark owners change their names while retaining ownership. In both instances, Federal Trademark owners should record the change of parties or change of name.

 

Federal Trademark or Servicemark Extension

Statement or Allegation of Use Extension

$249.95
+gov filing fee

OUR GOAL —  YOUR Complete Satisfaction and Understanding


file now!
In order to maintain your trademark or servicemark, you must file a sworn statement that the Mark is in commerce or that the there are special circumstances that constitute non-use and not abandonment of the Mark. The owner of the registration must file the sworn statement the end of the sixth year (72 months) after the date of registration of the Mark and at the end of each successive ten year period (120 months) after the date of registration. The sworn statement may be filed one year prior to the filing due date or during a six month grace period immediately after the filing due date.

 

Common Law Search

and Attorney Opinion

$250.00
** full search

OUR GOAL —  YOUR Complete Satisfaction and Understanding


file now!
A search must be in full. Looking only at U.S. and State Trademark registers is not enough. Trademark rights in the United States arise from use, not registration, and the owner of an unregistered Trademark may be able to enjoin your company’s use. A proper, full common law Trademark search therefore includes trade directories, business name lists, and information databases.

If the search is favorable, the entrepreneur can apply for registration on the principal register for Federal Trademarks with either an intent-to-use application, which requires subsequent filing of proof of actual use, or an actual-use application if the Mark has already been used in interstate commerce.

TRADE|SERVICE&COPYRIGHT—BUSINESS PROTECTION—ESSENTIAL —SEA TO SEA—DEPTH —DIRECT

TRADE&SERVICE MARK —BRAND RECOGNITION—ROBUST PROTECTION—WORD OF MOUTH—MIND PRODUCT —BINARY SPEED

Monitor Your IP!

It is common that the U.S. Government may issue an office action letter. Office actions are letters from the U.S. Government that set forth the legal status of a Federal Trademark application. They are issued by a Federal Trademark examining attorney who is assigned to each application and usually contain administrative or substantive issues which need to be addressed.

There are several types of office actions: examiner’s amendments, priority actions, non-final office actions, final office actions, and suspension letters:

  • An examiner’s amendment is a written acknowledgment of an amendment made to an application. Generally the examining attorney and the applicant or the applicant’s attorney are in contact and they may reach an agreement that the application needs an amendment. It is issued as a written memorialization of such agreement.
  • A priority action is a letter in which an examining attorney describes specific outstanding requirements that the applicant must meet before an application can be approved for publication. The applicant or the applicant’s attorney must respond to a priority action within 6 months from the date the priority action is mailed. If the applicant or the applicant’s attorney fails to do so, the application will be declared abandoned. Examining attorneys have no discretion to extend the time for filing a response to an office action. The benefit of a priority action is that, if the applicant responds within 2 months, the application will be given priority in processing.
  • An office action is a letter in which an examining attorney describes the legal status of a Federal Trademark application where the examining attorney will disclose if the Federal Trademark search yielded any conflicting Marks. The examining attorney will also send an office action to issue substantive refusals to registration (such as a likelihood of confusion, mere descriptiveness, etc.) that arise, as well as to make any procedural requirements. Applicants or the applicant’s attorney must respond to an office action. If applicant or the applicant’s attorney fails to do so, their applications will be declared abandoned.
  • A non-final office action is correspondence from the U.S. Government that raises new issues and usually is the first phase of the examination process.
  • An examining attorney will issue a non-final office action after reviewing the application for the first time. If a new issue arises after the applicant responds to the first non-final office action, the examining attorney will issue another non-final office action that describes the new issue(s) and continues any that remain outstanding. A final office action is the last office action that an examining attorney issues. It finalizes any outstanding issues. An applicant or the applicant’s attorney’s only response to a final office action is compliance with the requirements or appeal. When a Mark registration is refused by the examining attorney, the Mark applicant or the applicant’s attorney may appeal to a U.S. Government trial and appeal board.
  • A suspension letter suspends the action on an application. An application may be suspended for a variety of reasons. These include waiting for the disposition of a prior pending application to be determined or waiting for an assignment of ownership to be recorded. Applicants do not have to respond to suspension letters.

GCC & RA

Our firm has what we call the “General Counsel Club”. Select this valuable service at the time of ordering your Trademark or Servicemark ….read more

Trademark Services

In order to maintain your trademark or servicemark, you must file ….more

Contract Consulting

Avoid costly mistakes, always, always, always have any type of Contract/Lease or otherwise legally binding agreement reviewed by an ….read more

Copy That!

Copyrights can protect originators of both designs and written….more

TM Receipt*

Trademark or Servicemark Packages generally weigh approximately 2 pounds and are available for Pick up at our office or may be….read more

IP in Brief

Federal Trademark law was enacted after the Civil War in 1870. It came as a….more

File&Safeguard TODAY

 

$289.95
+state gov filing fee

OUR GOAL —  YOUR Complete Satisfaction and Understanding


Floridafiling
Services
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation.

Read more!

 

 

$232.95
+state gov filing fee

OUR GOAL —  YOUR Complete Satisfaction and Understanding


Georgiafiling
Services
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation.

Read more!

 

 

$289.95
+state gov filing fee

OUR GOAL —  YOUR Complete Satisfaction and Understanding


Californiafiling
Services

A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation.

Read more!

 

 

$289.95
+state gov filing fee

OUR GOAL —  YOUR Complete Satisfaction and Understanding


Nevadafiling
Services
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation.

Read more!

 

 

$267.95
+state gov filing fee

OUR GOAL —  YOUR Complete Satisfaction and Understanding


New Yorkfiling
Services

A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation.

Read more!

 

 

$252.95
+state gov filing fee

OUR GOAL —  YOUR Complete Satisfaction and Understanding


Delawarefiling
Services
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation.

Read more!

 

 

$267.95
+state gov filing fee

OUR GOAL —  YOUR Complete Satisfaction and Understanding


New Jerseyfiling
Services
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation.

Read more!

 

 

$227.95
+state gov filing fee

OUR GOAL —  YOUR Complete Satisfaction and Understanding


Illinoisfiling
Services
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation.

Read more!

 

$289.95

OUR GOAL—YOUR Complete Satisfaction and Understanding

A mere innocent choice won’t suffice. Registering only at the state or federal level isn’t enough; common law searches are essential. Corporate name reservation doesn’t protect from trademark infringement.

A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation.

Read more!

 

Entrepreneurs should choose three distinct marks and conduct thorough trademark searches to avoid infringement issues. A mere innocent choice won’t suffice. Registering only at the state or federal level isn’t enough; common law searches are essential. Corporate name reservation doesn’t protect from trademark infringement. Once cleared, use the TM or SM symbol. Consider international registration when expanding. Conduct a trademark search to demonstrate good faith.

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Nicolas Spigner, Esq.
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Natalia Utrera, Esq.,
Managing Attorney

The interplay between state and federal intellectual property (IP) laws in the United States is a complex and multifaceted legal landscape, particularly when it comes to trademark, servicemark, trade dress, and copyright protections. These areas of IP law involve a delicate balance between federal and state regulations, each serving distinct yet interconnected roles

The federal government, through the United States Patent and Trademark Office (USPTO), grants trademark, servicemark, and copyright registrations. Federal registration provides broad protection and exclusive rights to use a mark nationwide. Once registered, the mark holder can enforce their rights in federal courts.

 

Copyright law is exclusively governed by federal statutes. Registration with the U.S. Copyright Office is not required for copyright protection, but it offers several advantages, including the ability to sue for statutory damages and attorney’s fees in federal court. Federal copyright law covers a wide range of creative works, from literary and artistic creations to software and architectural designs.

While states don’t grant copyright protection, they may handle various copyright-related matters. For instance, if there’s a dispute over a copyright contract or an infringement case involving a state entity, these issues might be litigated in state courts. Additionally, some states may have specific copyright laws related to certain types of works, like state-produced materials.

Some states offer their own trademark registration systems, often referred to as “state trademarks” or “servicemarks.” While these registrations confer limited geographical protection within the state, they can be valuable for businesses primarily operating locally. However, state trademark rights are generally subordinate to federal trademark rights.

Some businesses, particularly small or local ones, may opt for state trademark registration. This process typically provides protection limited to the state in which it’s registered. For instance, if a bakery in New York registers its logo as a state trademark, it can protect its rights only within New York’s borders. However, this state-level protection can be valuable for businesses that operate primarily within a specific geographic area.

 

A servicemark, like a trademark, is indeed used to identify and distinguish the source of services rather than physical goods. Servicemarks protect names, logos, or other identifiers associated with services, helping consumers identify the source of those services. The primary difference between trademarks and servicemarks is the type of offering they protect—trademarks are for goods, while servicemarks are for services. The protection and registration process for both, whether at the federal or state level, operate on similar principles of preventing confusion and protecting the brand’s identity in the context of commerce.

Servicemark owners have the legal right to enforce their marks by taking legal action against unauthorized use or infringement. This enforcement can include seeking damages, injunctive relief, or other remedies to protect the servicemark’s integrity.

File&Safeguard TODAY

 

$289.95
+state gov filing fee

OUR GOAL —  YOUR Complete Satisfaction and Understanding


Floridafiling
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation.

Read more!

 

 

$232.95
+state gov filing fee

OUR GOAL —  YOUR Complete Satisfaction and Understanding


Georgiafiling
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation.

Read more!

 

 

$289.95
+state gov filing fee

OUR GOAL —  YOUR Complete Satisfaction and Understanding


Californiafiling

A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation.

Read more!

 

 

$289.95
+state gov filing fee

OUR GOAL —  YOUR Complete Satisfaction and Understanding


Nevadafiling
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation.

Read more!

 

 

$267.95
+state gov filing fee

OUR GOAL —  YOUR Complete Satisfaction and Understanding


New Yorkfiling
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation.

Read more!

 

 

$252.95
+state gov filing fee

OUR GOAL —  YOUR Complete Satisfaction and Understanding


Delawarefiling
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation.

Read more!

 

 

$267.95
+state gov filing fee

OUR GOAL —  YOUR Complete Satisfaction and Understanding


New Jerseyfiling
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation.

Read more!

 

 

$227.95
+state gov filing fee

OUR GOAL —  YOUR Complete Satisfaction and Understanding


Illinoisfiling
A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation.

Read more!

 

The interplay between state and federal intellectual property (IP) laws in the United States is a complex and multifaceted legal landscape, particularly when it comes to trademark, servicemark, trade dress, and copyright protections. These areas of IP law involve a delicate balance between federal and state regulations, each serving distinct yet interconnected roles

The federal government, through the United States Patent and Trademark Office (USPTO), grants trademark, servicemark, and copyright registrations. Federal registration provides broad protection and exclusive rights to use a mark nationwide. Once registered, the mark holder can enforce their rights in federal courts.

 

Copyright law is exclusively governed by federal statutes. Registration with the U.S. Copyright Office is not required for copyright protection, but it offers several advantages, including the ability to sue for statutory damages and attorney’s fees in federal court. Federal copyright law covers a wide range of creative works, from literary and artistic creations to software and architectural designs.

While states don’t grant copyright protection, they may handle various copyright-related matters. For instance, if there’s a dispute over a copyright contract or an infringement case involving a state entity, these issues might be litigated in state courts. Additionally, some states may have specific copyright laws related to certain types of works, like state-produced materials.

Some states offer their own trademark registration systems, often referred to as “state trademarks” or “servicemarks.” While these registrations confer limited geographical protection within the state, they can be valuable for businesses primarily operating locally. However, state trademark rights are generally subordinate to federal trademark rights.

Some businesses, particularly small or local ones, may opt for state trademark registration. This process typically provides protection limited to the state in which it’s registered. For instance, if a bakery in New York registers its logo as a state trademark, it can protect its rights only within New York’s borders. However, this state-level protection can be valuable for businesses that operate primarily within a specific geographic area.

 

A servicemark, like a trademark, is indeed used to identify and distinguish the source of services rather than physical goods. Servicemarks protect names, logos, or other identifiers associated with services, helping consumers identify the source of those services. The primary difference between trademarks and servicemarks is the type of offering they protect—trademarks are for goods, while servicemarks are for services. The protection and registration process for both, whether at the federal or state level, operate on similar principles of preventing confusion and protecting the brand’s identity in the context of commerce.

Servicemark owners have the legal right to enforce their marks by taking legal action against unauthorized use or infringement. This enforcement can include seeking damages, injunctive relief, or other remedies to protect the servicemark’s integrity.

$289.95

OUR GOAL—YOUR Complete Satisfaction and Understanding

A mere innocent choice won’t suffice. Registering only at the state or federal level isn’t enough; common law searches are essential. Corporate name reservation doesn’t protect from trademark infringement.

A distinctive Mark that customers associate with your products or services is very valuable. Registering your state Trademark or Servicemark will prevent copycats from confusing customers and damaging your reputation.

Read more!

 

Entrepreneurs should choose three distinct marks and conduct thorough trademark searches to avoid infringement issues. A mere innocent choice won’t suffice. Registering only at the state or federal level isn’t enough; common law searches are essential. Corporate name reservation doesn’t protect from trademark infringement. Once cleared, use the TM or SM symbol. Consider international registration when expanding. Conduct a trademark search to demonstrate good faith.

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Natalia Utrera, Esq.,
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SPIEGEL & UTRERA, P.A.

LAWYERS

Here for you through & through

Please review and fill out carefully! One of our attorneys will be with you shortly!


1 Trademark2 Servicemark3 Copyright4 Corporate Structure5 Entity Formation6 USPTO Responses7 Common Law

8 Tradedress9 Registration10 Federal Search11 IP Law12 Notice of Use13 Mark Assignment14 Monitoring

IntellectualProperty Law:
at thefrontier

Don’t be caught unaware. Business is about the details. The minute. We protect your ideas, and products, at scale. From design to function. We have you covered.

5-STEPS
IP Protection

Trademark Registration

Copyright Registration

Trademark Registration

Copyright Registration

1. Submit

  • Document selection
  • Material review
  • Material selection
  • Application review

“Our staff will prepare your Trademark, Copyright or Trade Dress Registration Application based upon the information you have submitted. Our goal is to provide each of our clients with as much information as possible about Federal Trademark and Federal Servicemark registration.”

2. Verify

  • Addendums
  • Verification
  • Sign / E-Sign / NFT
  • Return

“Once we have prepared your application, it will be emailed to you for your approval and signature. Once approved you will return it to Spiegel & Utrera, P.A. along with Credit Card authorization for the government filing fee.”

3. Submit

  • Simple submission
  • Online and secure
  • 128Bit Encryption
  • Speedy

“It’s easier than ever now. Complete and convenient online submission with 128 bit encryption. You can call one of our many offices toll free or you can also visit one of our many office locations. If visiting one of our offices, please call to verify attorney availability and to request an appointment.”

4. Send

  • File on return
  • GOV E-Portal
  • Immediate receipt
  • Quicker turnaround

“Once Spiegel & Utrera, P.A. receives your signed Trademark, Copyright or Trade Dress Registration Application and the government filing fee from you, your Trademark or Copyright Application will be filed with the government.”

5. Confirm

  • E-confirmation
  • Certified copies
  • Itemized elements
  • Service cost

“Upon filing your Trademark or Copyright Application with the Government, Spiegel & Utrera, P.A. will give you written confirmation of the filing of your Trademark or Copyright Application with the Government.”