Trademark & Copyright
Protecting, exploiting and enforcing your intellectual property assets.
Securing your intellectual property right away is one of the most important things you can do for your business - especially if you plan to share your ideas, products, services, and creations with the world.
The Mermaid Lawyer®️ is devoted to helping you protect creative works of authorship, such as musical compositions (music and lyrics), sound recordings, literary works, motion pictures, paintings, photographs, software, logo or business name.
Attorney Charlotte Towne has a vast amount of trademark and copyright experience:
Charlotte Towne Law provides legal and support services for intellectual property clients in all industries.
How the Trademark Filing and Registration process works:
Select a mark and format
Identify goods and services
Search USPTO database
Submit application to USPTO
Responses to Examiner Office Actions
Receive approval of application
USPTO publishes mark
Registration certificate is issued
Waiting to file your federal trademark application can leave you dead in the water.
The Mermaid Lawyer®️ will help you keep the wind in your sails.
I knew I was in good hands from the moment we met. She took the time to understand exactly what I needed.
MICHAEL NEWMAN | ENTREPRENEUR
Our work helps you secure your brand from copycats and pirates. Curious what might be in store for your record label or creative business?
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We assist businesses and professionals in any industry achieve their maximum potential while guiding them and protecting them along the way. We are deeply committed to establishing a long-term, professional relationship with you looking not just to what your needs are right now, but helping you plan, build and protect your future.
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Your Questions Answered
Can I register for a copyright or trademark by myself?Maybe, if you qualify. However, the process is tedious and complex. You may not be able to complete the process on your own. A simple mistake can take several years to recover from. Hiring an experienced intellectual property attorney to register on your behalf will help you avoid costly mistakes.
What is a TTAB opposition?Opposition proceedings before the Trademark Trial and Appeal Board (TTAB) are similar to a civil action in federal district court. There are pleadings, motions, disclosures, discovery, trial briefs, and sometimes oral hearings. TTAB rules and procedures in trademark oppositions are complex legal matters that require experienced attorneys to navigate the complex rules and present the proper case in order to acquire or preserve trademark rights. There are extension filing fees, notice of opposition filing fees, attorneys fees, and other costs necessary to institute and litigate an opposition.
How long does does the registration process take?It's hard to predict exactly how long it will take an application to mature into a registration because so many factors can affect the process. The total time for an application to be processed may be anywhere from almost a year to several years, depending on the basis for filing, and the legal issues which may arise in the examination of the application.
Someone is copying my work! What should I do?You may challenge alleged copyright infringers in several ways, depending on the factual situation. Call The Mermaid Lawyer®️ immediately-- time is of the essence. Your claim could be barred by the statute of limitations if you wait too long.
Is a trademark search necessary?It is advisable to conduct a search of the USPTO TESS records before filing an application. The Mermaid Lawyer®️ can perform a search in order to identify similar prior filed marks that may create obstacles for you and possibly bar registration of your mark.
How long does a trademark registration last?The registration is valid as long as you timely file all post registration maintenance documents. You must file a "Declaration of Use under Section 8" between the fifth and sixth year following registration. In addition, you must file a combined "Declaration of Use and Application for Renewal under Sections 8 and 9" between the ninth and tenth year after registration, and every 10 years thereafter. If these documents are not timely filed, your registration will be cancelled and cannot be revived or reinstated. There are UPSTO filing fees required to file the renewals.
Is registration of my mark guaranteed?No. The examining attorney will review the application and may issue refusals based on the Trademark Act of 1946, 15 U.S.C. §1051 et seq., or the Trademark Rules of Practice, 37 C.F.R. Part 2. The most common reasons for refusing registration are because the mark is: Likely to cause confusion with a mark in a registration or prior application; Descriptive for the goods/services; A geographic term; A surname; Ornamental as applied to the goods. Registration of your could also be opposed by another trademark owner in a Trademark Trial and Appeal Board (TTAB) opposition proceeding which could prevent your mark from being registered if you don’t successfully defend yourself.