Trademark Attorney North Dakota

Creativity and branding often lead to questions of ownership.  A trademark is how buyers distinguish one person’s goods and services from those of their competitors. By using it in commerce, a trademark comes to represent the reputation of a particular maker of goods or a provider of services and may become attached to the goodwill that a company or tradesperson builds in the marketplace. A trademark has the potential to become more valuable than the product a company makes.

The trademark specialists at Trademark Access have the expertise and experience to ensure your ownership and rights are protected.  From the initial concept to the trademark search, registration and prosecution of infringement our trademark law attorneys in North Dakota have you covered.

Trademark attorney North Dakota fees
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Why Should You Get a Federal Trademark Registration Instead of a North Dakota State Trademark Registration?

When deciding on a trademark registration, you have two choices: get a federal trademark with the USPTO, or register with North Dakota State.  While a state trademark is faster and less expensive it doesn’t offer the comprehensive protection associated with a federal trademark registration.

Some things to remember about a state trademark registration:

  • State trademark registration only protects your trademark in the state where you register it.
  • Registering a trademark with the state is less expensive than registering with the USPTO.
  • A North Dakota state trademark registration is almost always processed and approved in a more timely manner than a federal one.
  • State trademark registration does not give you the right to use the symbol ®.

The federal trademark restricts any use of confusingly similar marks. The registered trademark will be on a public database. This will prevent other similar marks from being filed and make the use of the trademark. The federal trademark also grants the right to use the ® symbol for goods and services while a state trademark is only allowed to use the superscript “TM”. By registering your trademark federally, you are granted the right to sue in federal court in case of infringement.

Under the Lanham Act, a person who obtains a federal trademark has superior rights to use the mark throughout the United States. If a federal registration is obtained before the use of a similar mark in a state, the federal registration has priority over the state registration. If there is any conflict between a federal and state trademark, the Court will most likely rule in favor of the federal registration.

Trademark Attorney Servicing North Dakota

Trademark attorney North DakotaOur leading trademark attorney is a highly-rated lawyer with over 18 years of experience. His area of expertise includes the preparation and prosecution of trademark registration applications, as well as litigating opposition and cancellation proceedings before the Trademark Trial and Appeal Board. He has filed for and obtained hundreds of trademark registrations for clients. He has successfully argued cases against Fortune 500 companies and is admitted to practice before the United States Supreme Court. Considered one of Utah’s Legal Elite, he can represent clients in North Dakota on all proceedings before the US Patent and Trademark Office.

Trademark Registration and Application For North Dakota Businesses

Our team of U.S. Trademark Attorneys will handle the entire process for you, from start to finish. This includes:

  • Free Phone Consultations: Discuss your trademark needs with a qualified attorney.
  • Expert Application Preparation & Filing: Our attorneys will ensure your application is accurate and maximizes your chances of approval.
  • Trademark Monitoring: We’ll keep an eye on your application’s status and keep you informed.
  • Hassle-Free Response to USPTO Queries: Our team will handle any non-substantive inquiries from the USPTO, saving you time and ensuring a smooth process.
  • Your Trademark Certificate Delivered: Celebrate your success with your official registration certificate delivered directly to you.

Many companies believe filing a trademark application themselves saves money upfront. While the initial paperwork might seem straightforward, navigating rejections from the USPTO (U.S. Patent and Trademark Office) or legal battles due to improper filing can be a costly nightmare. Refiling applications or fighting legal battles can easily outweigh the expense of hiring a trademark attorney from the start.

For added peace of mind, we highly recommend a comprehensive trademark search before filing. This crucial step helps ensure your mark’s originality, significantly increasing your application’s approval chances.

Our Simple 4-Step Process to Getting Your Federal Trademark Registration

The 4 steps to getting a trademark
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How a Federal Trademark Registration Benefits Your Business

Federal trademark registration offers a powerful advantage: it grants you exclusive ownership and legal protection for your brand nationwide. This empowers you to take legal action against anyone who infringes on your trademark, safeguarding your brand reputation and preventing customer confusion.

Here’s how federal registration benefits your business:

  • Stop Infringers in Their Tracks: Sue copycats in federal court, with the potential for faster resolution and greater damages compared to state-level actions.
  • Nationwide Protection: Your trademark is shielded from unauthorized use across the country, ensuring brand consistency and customer trust.
  • Public Notice & Deterrence: Registration deters infringement by appearing in trademark searches, making it difficult for competitors to claim ignorance.
  • Simplified Global Expansion: Owning a U.S. trademark streamlines the process of securing protection in foreign countries for your brand.
  • Unlock Valuable Rights: Gain the ability to license your trademark rights or transfer ownership entirely for future business opportunities.

Federal trademark registration is an investment that strengthens your brand and empowers you to protect its value.

Why You Need an Attorney to Perform a Trademark Search

A thorough federal trademark search conducted by a lawyer is an essential first step for any business looking to protect its brand. This crucial step safeguards your investment in two key ways. First, it minimizes the risk of infringing on existing trademarks registered with the U.S. Patent & Trademark Office (USPTO).  By uncovering any trademarks that might be confusingly similar to yours, the search helps you avoid potential legal trouble and the wasted expense of developing a brand that violates someone else’s rights.  Secondly, a federal trademark search can identify potential hurdles to federal registration with the USPTO.  If the search reveals similar trademarks early on, you have the opportunity to explore alternative brand names before significant time and resources are poured into a name that might not be registrable.

The trademark application process can be a labyrinth, filled with obstacles that can be difficult to navigate on your own.  However, a thorough trademark search conducted by an attorney can illuminate these hurdles in advance, allowing you to make an informed decision about whether pursuing your chosen mark is the right path for your brand.  By investing in a lawyer’s expertise, you gain the power to avoid potential legal pitfalls and ensure your brand is set up for success.Ultimately, working with a trademark attorney for a comprehensive search empowers you to make informed decisions about your brand, minimizing the risk of future legal issues.

What is Trademark Infringement?

In most matters of trademark infringement, the main question of infringement relies on whether the trademarks are the same or similar enough that a likelihood of confusion exists between the marks. The main factors that are evaluated to determine if a likelihood of confusion exists and if trademark infringement has occurred are:

  • How similar are the trademarks.
  • How similar are the products/services
  • How similar are the trade outlets used
  • Extent of similar marks used on similar goods
  • Actual confusion of customers.

You don’t always have to have a trademark registered for infringement to take place.  Any name, phrase or logo can obtain trademark status by using the mark in business, even if you take no steps to register it. There are, however, benefits to having your trademark registered. If you think you are the victim of trademark infringement, reach out to our North Dakota Trademark lawyers for a consultation.

Schedule a Trademark Consultation Now

If you need trademark services in North Dakota, please reach out to us by phone or by selecting one of our trademark registration packages.  Our trademark attorney can have your trademark application filed within 5 business days.

Trademark Law Resources in North Dakota

Trademark access is not a self help service. We do understand your desire to save money. For all federal trademarks that are filed from the state of North Dakota approximately 63% are rejected. Our attorneys can give you the best advice to make sure your chances are better than 37%. Currently the USPTO recommends that you hire an attorney who specializes in trademark registration to file your trademark registration. If you choose to attempt it yourself check out our learning center, or some of your local resources such as: The Chester Fritz Library at the University of North Dakota, and the specific Northern Plains Inventors Congress which is specific to North Dakota inventors.

Trademark Attorney Reviews

Trademark Access
Federal Trademark Attorney represents North Dakota businesses and residents for all matters before the USPTO. We offer trademark registration, trademark search, and trademark litigation services.
North Dakota
Phone: 1-855-549-9900