What is a “brand”?
“Brand” has become a buzzword, and even within different professions, “brand” is defined differently. For the purposes of providing legal services, tmalaw knows that trademark law is the foundation of brand protection. Trademark law aims to protect names, symbols, phrases, packaging, design, sounds/smells, almost anything that identifies the source of a product or service and sets it apart in the marketplace. It’s a trademark lawyer’s job to protect all of these elements - sometimes referred to as brand identifiers. tmalaw is experienced in helping you identify items that are protectable by trademark law (and business law, contract law, copyright law, trade secret law, and right of publicity laws) so that the “intellectual property assets” section of your brand portfolio is solid. Protected intellectual property assets is the key to monetizing and expanding your opportunities. The. key.
When do I know I’m ready for legal representation?
When you have a name, logo, slogan, image/likeness, or creative work that you don’t want anyone else to use without your permission…
When someone wants you to attach or connect your name, image, likeness to endorse, sponsor, to be affiliated with their business, event, or product...
If you're talent, athlete, or influencer and you are starting to gain attention from other brands...or have established trust with your followers...
When someone is disputing your rights to use your name, logo, image/likeness or creative work....
When you need to stop someone from using your name, logo, image/likeness, creative work, or to stop selling fake products…
When your brand is involved in a situation that threatens your brand reputation...
Anytime someone wants you to sign a legal document or wants to "partner"...
Anytime you're about to launch a new product, business, or service....or expand your geographical reach.
How do I know if my brand is open to trademark?
You can always check the USPTO.gov website, Google.com, and social media sites for your desired name, slogan, or logo. However, the results of these searches are not inclusive of all marks that can prevent your your application being approved. Therefore, is always best to have an attorney perform a search on your behalf (we have access to tools and tech that you do not) that will provide a much more accurate picture of similar marks. In other words, an attorney can provide you an accurate assessment of risks of using a mark period (the likelihood your application will get approved and the likelihood your brand will have to create a higher-than-usual budget line item engaging in cease and desist efforts during its lifetime). This search is included in tmalaw’s Trademark Registration service automatically.
Does a trademark of my name protect my logo too?
Trademarking a name/slogan and trademarking your logo design are two separate trademark applications. Generally, tmalaw suggests starting with your brand name first.
Are there bundles packages for multiple trademarks?
Each trademark goes through its own application process, and requires an equal amount of work, defense, and effort. As a result, each trademark has an individual cost starting at $1,650.
Agencies, accelerators, and other organizational hubs that support talent, artists, influencers, and innovators, please email us at email@example.com to discuss enterprise packages for your clients.
I filed a trademark on my own and it was rejected, can you help me fix it?
Absolutely! The service fee to correct or defend an application that tmalaw did not file ranges from $600 (non-substantive) and $1,100 (substantive). You're more than welcome to purchase this service on-demand (Response to Office Action). If you would like tmalaw to look into your application to see how we can assist, please submit an intake form.
If I choose to pay via your website for an on-demand service, what happens after I pay?
You will receive an email from tmalaw within 30 minutes with a few documents and links. These requested items will provide us the information we need from you and your brand. Once tmalaw receives this information back from you, work begins! If you don't receive that email, please check your spam folder. Otherwise, please email us at firstname.lastname@example.org and we'll get you taken care of right away.
What happens if during a trademark clearance, I discover my name is taken or used by someone else?
If, after tmalaw conducts a trademark clearance on your behalf, it becomes apparent that obtaining a trademark registration on your behalf is unlikely, we will walk you through that analysis and present you with your options - which includes a complimentary trademark clearance of a new brand name of your choosing.