The Gonzalez Law Office, P.L.L.C.

The Gonzalez Law Office can assist you with all aspects of trademark and service mark laws, including but not limited to federal trademark and/or service mark searches, to registering your service mark and/or trademark, to responding to USPTO Office Actions, to drafting cease and desist letters and/or to filing an opposition or an answer to an opposition filed against your trademark and/or service mark.  Please Contact Us for your Free Initial Consultation.

Trademarks 

We represent trademark/service mark clients throughout the United States and on an international level.  Please find below some additional trademark related information, which we're sure you'll find useful and informative.  Please also see our Copyrights webpage, containing information regarding how you can also protect your "original works," via a copyright registration.

A trademark can be a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the products of one party and distinguishes them from those of other parties.  A service mark is the same as a trademark, except that it identifies and distinguishes the source of a "service" rather than a product. The terms "trademark" and "mark" are both used to refer to both trademarks and service marks, and are so used herein.

A common law trademark can be obtained by merely using your trademark, and identifying it as a trademark by using the "TM" symbol along with the associated products and/or services.  But, such use provides very little protection.  If you want the best protection possible you should register your mark with the United States Patent & Trademark Office ("USPTO").

Many States provide for State trademark registration.  Nevertheless, State protections vary, and are generally more protected than common law trademarks, but said protection is limited to the State's boundaries and they do not provide as much protection as a federally registered trademark obtains.

The registration of a trademark with the USPTO, provides for nationwide trademark protection, and that is what people refer to as a registered trademark, and those are the ones that are typically identified with the ® symbol.

Here are some significant benefits derived from obtaining a USPTO federally registered trademark:

• You are automatically deemed to have given constructive notice to the public that says that the trademark belongs to you and no one else can use it legally, unless they obtain your prior consent;
• You can avail yourself of the U.S. Customs Service regulations to impede others from importing infringing products goods;
• You are allowed to bring infringement lawsuit claims in federal courts to protect your trademark;
• Depending on the circumstances you may be able to receive statutory damages for infringements of your trademark; and 
• Registration of your trademark in other countries can be achieved in a simpler and more expedited manner.  

In order to avoid having your trademark application denied, a trademark search should be conducted before attempting to file a trademark application. 

We have filed trademark applications for U.S. and international clients.  We can expeditiously and cost effectively, more so than those freelance service providers, prepare and file trademark applications on your behalf, and we would be listed as your attorney of record.

We are usually able to complete your search and file your application for trademark registration within 24 hours, after receiving all of the necessary information (obtained via our trademark questionnaire), materials and fees.

Our firm performs federal trademark searches, which includes marks consisting of a design or design and words such as symbols or logos.  We then review and discuss the findings with you.  We also prepare and file a trademark application and respond to any and all Office Actions that may be issued by the USPTO.  While many trademarks only fall into one class some fall in numerous classes, so during our consultation we will discuss the issue of how many classes of goods and/or services your trademark falls under. 

If the trademark search reveals any problems, which would prevent your trademark from being registered you will be given the option to have your application fees refunded.  If, before the trademark application is completed, you desire to terminate the application process, you will be given a refund minus payment for any work already completed.  

Cease & Desist Letters

Is someone infringing your trademark and/or copyright?; Is someone using your trademark and/or copyright without your permission?, if so, it could be trademark and/or copyright infringement and you have the legal obligation and right to stop their continued use of your trademark and/or copyright, by drafting and issuing a "cease and desist" letter.

Whether you have received a cease and desist letter or would like to draft one, The Gonzalez Law Office is able to help you.  The Gonzalez Law Office provides thoughtful solutions in all cease and desist cases involving trademarks and/or copyrights, and so we will use your free initial consultation to assess the extent to which we can help you.  

• Trademark Registration

  Trademark Registration

  Includes the following:

  • Preliminary search of pending and registered trademarks;
  • Electronic filing of your trademark application with the USPTO;
  • The Gonzalez Law Office is listed as the "Attorney of Record" for your trademark; and
  • Responding to any Office Actions issued by the USPTO

  Please Contact Us if you have any questions.

• Cease & Desist Letters

  Standard Cease & Desist Letters

  Please Contact Us if you have any questions.