Thompson Patent Law

Hello EDH Designs, I have spoken to Mr. Thompson. He said that it really depends on a lot of factors that would be best discussed with an attorney. At Thompson Patent Law we offer a complimentary initial consultation. Please call (512) 649 1046 and we can get you scheduled.

Trademark registration is not a swift process. Typically, a simple trademark application can receive approval within six months to one year following the submission of the application. However, if there are any disputes against the trademark or other legal issues that arise during the verification and registration processes, the approval process could take much longer.

The trademark application process is much more detailed than most first-time applicants expect. It’s vital for any applicant to submit a trademark specimen in the correct format along with their application paperwork. This specimen cannot just be a printed image of the design or brand image to be trademarked. The applicant must provide the U.S. Patent and Trademark Office with a physical example of how the applicant intends to use the trademarked design or brand image.

A registration can only be renewed by the registrant who appears in our records. If ownership of the mark changes, the registrant as shown in our records should file a statement of transfer of ownership with our office. Similarly, if the registrant’s legal name has changed, the registrant needs to file a statement of change of name with our office.

No. Whoever owns a mark can apply to register it. A mark can be owned by an individual, a partnership, an incorporated business entity, or another legal entity. Generally, a mark is owned by the individual, partnership, or other organization that offers the relevant goods or services. If a business entity, such as a limited liability company, provides the goods or services under a mark, the business entity owns the mark; an individual owner of that business entity does not own the mark.

No; however, it is important to understand that although we can assist with the nuts and bolts of completing an application, our office cannot give you any legal or business advice. We initially reject the majority of applications that are submitted to us by non-attorneys. You might benefit from consulting with an attorney about the best way to protect your intellectual property.

No. Texas law does not provide for statewide registration of trade names. Of course, if your trade name also functions as a trademark or service mark, then you can apply to register it as a mark.

The requirements for registering a mark in Texas are set out in Tex. Bus. & Com. Code §§16.001 et seq. There are three basic requirements: The mark must be “in use” in Texas before the date of the application. The mark must be distinctive. The mark cannot be so similar to any mark that is currently registered with our office or the USPTO that it is likely to cause confusion or mistake, or to deceive, when applied to the relevant goods or services.

A trademark is used in connection with tangible goods or products, while a service mark is used in connection with services. The general term “mark” includes both trademarks and service marks. “Trademark” is defined as a word, name, symbol, or device, or any combination of those terms, used by a person to identify and distinguish the person's goods from the goods manufactured or sold by another; and indicate the source of the goods. Tex. Bus. & Com. Code §16.001(10). A trademark indicates that all goods provided in association with that mark come from the same source. “Service mark” is defined as a word, name, symbol, or device, or any combination of those terms, used by a person to identify and distinguish the services of one person from the services of another; and indicate the source of the services. Tex. Bus. & Com. Code §16.001(8). A service mark indicates that all services provided in association with that mark come from the same source.

The United States Patent and Trademark Office does not police the use of trademarks by third parties. As a result, registered trademarks need to be defended at all times and mark holders must continually police marks for unlawful use by third parties.

If someone tries to tell you exactly what a patent will cost before they understand your business goals, your market, and your technology... Don't believe it, because ... Your business goals are unique to you. Your market is unique to you. Your invention is unique to you. Shouldn't what a patent cost be unique to you? Learn More At: https://thompsonpatentlaw.com/cost/