Beware of trademark scammers trying to take advantage of your brand and asking you to send them money for fees that don’t exist. Contact Accelerate IP with any questions at 480.360.7414.
Trademark Attorney in Phoenix, Arizona
Trademark Service we offer.
Register your Trademark with Accelerate IP
- $750 plus government fees
- Attorney’s time (email and phone calls)
- Basic Trademark Search
- Non-substantive office actions included
Trademark Filing
Trademark Knockout Reports
Trademark Office Action Response
Trademark Cease and Desist
Trademark Maintenance (Section 8 Declaration)
Trademark Licensing Agreement
Trademark Assignment Agreement
Trademark Statement of Use
Trademark Valuations
Trademark Monitoring
Accelerate IP’s Trademark Attorney in Phoenix.
Our Trademark Attorney in Phoenix can help you navigate the trademark process. A trademark is a type of intellectual property with recognizable signs, designs, or expressions that identify the source of a product or service displaying a particular brand. A trademark owner could be an individual, business organization, or any other legal entity.
Trademarks are typically located on a package, label, voucher, or on the product itself. Trademarks are often displayed on company buildings as an identifier of the owner of a trademark. Trademarks, most importantly, are legally recognized as a type of intellectual property.
If you’re unsure if your Phoenix trademark is protected, consider having a free consultation with a professional Trademark Attorney or intellectual property legal services law firm such as Accelerate IP.
Accelerate IP can answer your questions about the best practice your business can take to protect its branding, creative ideas, trade secrets, and business.
Trademark Rights
Trademarks make it easier for consumers to identify your business’ products and services. Trademarks are governed by U.S. federal laws. Nowadays, federal laws provide the majority of trademark protection, but Arizona state does also register trade names used within the state and common law actions can still offer protection locally.
The Trademark Act, established by the Lanham Act, protects consumers by discouraging other businesses from adopting a name or logo that is confusingly similar to an existing trademark. While the law is intended to protect purchasers in the marketplace, trademarks serve to protect a business’s commercial identity or brand as well. The trademark attorneys at our law firm can guide you through the best practice to protect your intellectual property.
Trademark Distinctions and Protections
Trademarks need to be distinctive enough to differentiate your products and services from other Arizona businesses. Courts evaluate the strength of the ability of the mark to uniquely identify the underlying product using the following criteria:
- Arbitrary or fanciful marks bear no logical relationship to the underlying product but are highly distinctive and given high protection, e.g., Nike’s “swoosh” logo
- Suggestive marks evoke and make suggestions about a characteristic of the underlying product but still require some imagination, but are considered distinctive and highly protected.
Descriptive Marks
Descriptive marks directly describe a characteristic or quality of the underlying product. Descriptive marks are not inherently distinctive and are protected only when they have acquired secondary meaning.
Descriptive marks develop secondary meanings when the consuming public primarily associates that mark with a particular producer rather than the underlying product, e.g., GameStop, Holiday Inn, Pizza Hut.
Descriptive marks could be terms that describe the underlying product. Courts will research how you’re advertising the product, the volume of sales you’re making, how long you’ve been using the term, and results from consumer surveys before giving a particular manufacturer the exclusive right to use the term because it could create an unfair advantage.
Generic Marks
Generic marks describe the general category to which an underlying product belongs but don’t provide much protection. Trademark laws do not protect generic terms because they are too useful for identifying certain products, and trademarking them to a certain business would provide an unfair competitive advantage.
If you’re unsure whether your business is protected under the trademark laws, discuss your brand with experienced trademark lawyers today. They offer free consultations to help you determine if someone is infringing upon your intellectual property rights.
Register My Trade name in Arizona with a Licensed Trademark Attorney
Registering your trade name in the state of Arizona will offer legal protection for your trademarks locally, but registering a federal trademark will protect your products across the U.S. Currently, all of Arizona’s trade names services are being submitted online.
Do I need a law firm to file a Trademark with a Trademark Attorney in Phoenix?
When a trademark qualifies for protection, the rights to that trademark can be acquired by being the first to use the mark in commerce or by being the first to register the mark with Arizona’s Trademark Office and the U.S. Patent and Trademark Office (“PTO”).
Unless you are an overseas entity, It is not absolutely necessary to acquire the services of an attorney. However, the state of Arizona recommends using trademark attorneys if disputes should arise since the Arizona Secretary of State is a filing agency and does not have the authority to resolve legal matters involving trade name conflicts.
Your business’ mark can be limited geographically, and that’s another reason why hiring an intellectual property attorney could help you. Legal services specializing in intellectual property disputes in Phoenix, AZ, can help you understand where exactly you are protected.
Arizona Trademark Legal Rights
Registration with the USPTO is not required for a trademark to be protected, but registration offers a number of benefits, including:
- The right to use the mark nationwide with some limitations noted
- Nationwide notice to others that the trademark is owned by the party
- Enabling a party to bring an infringement suit in federal court
- Allows a party to potentially recover treble damages, attorney fees, and other remedies.
- After five years, the registration can become “incontestable,” conclusively establishing the right to exclusive use of the mark
Applications for registrations need approval from the Arizona Secretary of State or the USPTO. If you feel that your application was unfairly denied, speak with an intellectual property attorney with a thorough understanding of the Trademark Act, and ways to protect your business.
Accelerate IP Trademark Attorney in Phoenix Can Help
Accelerate IP is dedicated to helping businesses in Phoenix, AZ understand its intellectual property rights. If you’ve decided to register your trademark in Phoenix, AZ, then our law firm can work with you to develop a strategic intellectual property plan that’s in line with your business goals.
We work hard tailoring your legal needs to your budget. Intellectual property plays a key role in building your business, receiving investments, and becoming profitable.
Trademark Distinctions and Protections
Trademarks need to be distinctive enough to differentiate your products and services from other Arizona businesses. Courts evaluate the strength of the ability of the mark to uniquely identify the underlying product using the following criteria:
- Arbitrary or fanciful marks bear no logical relationship to the underlying product but are highly distinctive and given high protection, e.g., Nike’s “swoosh” logo
- Suggestive marks evoke and make suggestions about a characteristic of the underlying product but still require some imagination, but are considered distinctive and highly protected.
Descriptive Marks
Descriptive marks directly describe a characteristic or quality of the underlying product. Descriptive marks are not inherently distinctive and are protected only when they have acquired secondary meaning.
Descriptive marks develop secondary meanings when the consuming public primarily associates that mark with a particular producer rather than the underlying product, e.g., GameStop, Holiday Inn, Pizza Hut.
Descriptive marks could be terms that describe the underlying product. Courts will research how you’re advertising the product, the volume of sales you’re making, how long you’ve been using the term, and results from consumer surveys before giving a particular manufacturer the exclusive right to use the term because it could create an unfair advantage.
Generic Marks
Generic marks describe the general category to which an underlying product belongs but don’t provide much protection. Trademark laws do not protect generic terms because they are too useful for identifying certain products, and trademarking them to a certain business would provide an unfair competitive advantage.
If you’re unsure whether your business is protected under the trademark laws, discuss your brand with experienced trademark lawyers today. They offer free consultations to help you determine if someone is infringing upon your intellectual property rights.
Register My Trademark in Arizona
Registering your trade name in the state of Arizona will offer legal protection locally, but registering a trademark federally will protect your products across the U.S. Currently, all of Arizona’s trade name services are being submitted online.
Do I need a law firm to Trademark Attorney in Phoenix?
When a trademark qualifies for protection, the rights to that trademark can be acquired by being the first to use the mark in commerce or by being the first to register the mark with Arizona’s Trademark Office and the USPTO.
Unless you are an overseas entity, It is not absolutely necessary to acquire the services of a trademark law firm. However, the state of Arizona recommends using trademark attorneys if disputes should arise since the Arizona Secretary of State is a filing agency and does not have the authority to resolve legal matters involving trade name conflicts.
Your business’ mark can be limited geographically, and that’s another reason why hiring an intellectual property attorney could help you. Legal services specializing in intellectual property disputes in Phoenix, AZ, can help you understand where exactly your trademarks are protected.
Arizona Trade name Legal Rights
Registration with the the USPTO is not required for a trademark to be protected, but registration offers a number of benefits, including:
- The right to use the mark nationwide with some limitations noted
- Nationwide notice to others that the trademark is owned by the party
- Enabling a party to bring an infringement suit in federal court
- Allows a party to potentially recover treble damages, attorney fees, and other remedies.
- After five years, the registration can become “incontestable,” conclusively establishing the right to exclusive use of the mark
Applications for registrations need approval from the Arizona Secretary of State for a trade name or the U.S. Patent and Trademark Office for a trademark. If you feel that your application was unfairly denied, speak with an trademark attorney in Phoenix with a thorough understanding of the Trademark Law, and ways to protect your business.
Accelerate IP Can Help
Accelerate IP is dedicated to helping businesses in Phoenix, Arizona understand its intellectual property rights. If you’ve decided to register your trademark in Phoenix, AZ, then our law firm can work with you to develop a strategic intellectual property plan that’s in line with your business goals.
We work hard tailoring your legal needs to your budget. Intellectual property plays a key role in building your business, receiving investments, and becoming profitable.
An office action is an official letter sent by the United States Patent and Trademark Office (“USPTO“) where a trademark examining attorney lists any legal problems that your chosen trademark may have or with the application itself.
Your office action can be either a nonfinal or final office action depending on whether the office action raises the legal problem about your application for the first time or for the last time. With your nonfinal office action you must respond within six months from the date it issues. If your response satisfies each legal problem the examiner raises and doesn’t raise any new problems then your application will proceed toward registration. If your response doesn’t satisfy the examiner’s concerns then you will receive a final office action or if your response raises new concerns then you will received nonfinal office action.
If you received a final trademark office action, this is your last opportunity to file a response during the application process. If your response satisfies the examiner’s concerns then it will proceed to registration, if not, then the application will be abandoned unless you file a timely appeal with the Trademark Trial and Appeal Board.
Deadline for Filing Response to Trademark Office Action
Generally the trademark examiner will give you 6 months to respond to your office action.
How to File a Response to Trademark Office Action
To respond to your trademark office action you will need to file the response for your nonfinal office action online here or for your final office action here.
Your response must address every concern the examining attorney raises. Make sure you understand each legal problem that is addresses. For example, it could be a disclaimer, likelihood of confusion, or descriptiveness rejection. Each one of these rejections requires some type of response with a potential argument of why your mark doesn’t cause confusion or why it is not descriptive using case law. A disclaimer is a common refusal where you disclaim the descriptive term within your mark.
If you have any questions at all on how to respond to an office action please feel free to reach out to the attorneys at Accelerate IP. They have experience responding to office actions and getting results.
We offer flat fee services for all of your business legal services. Contact us now for your flat fee service.
Accelerate IP’s Trademark Attorneys offer a Trademark Package for those looking to protect their Brand from the start.
Reach out to us to Start protecting your trademark now!
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