What's in a name?

Registering Trademark

We register trademarks with the US Patent and Trademark Office and with the California Secretary of State. This is a comprehensive service that includes a search and analysis of your proposed mark, the application, and responding to USPTO office actions when necessary.

Defending Trademark

There are no trademark police- it is up to you to defend your mark. We contact businesses who are infringing your trademark through cease & desist letters and filing state or federal lawsuits. We also defend businesses who have been accused of infringement.

Opposition Actions

The trademark registration process at the USPTO allows interested parties to oppose trademark registrations during the publication phase of the trademark application. We represent both applicants and opposers in these proceedings. Opposition actions are essentially mini-trials handled by the Trademark Trial and Appeals Board.

Trademark and Copyright

Avatar Legal registers trademarks and copyrights, enforces clients’ intellectual property rights against competitors, and defends clients against intellectual property litigation.

Trademark enforcement and defense includes:

drafting (or responding to) cease & desist letters
bringing lawsuits against trademark infringement
opposing pending trademark registrations for infringing marks
defending against trademark oppositions
defending against trademark lawsuits

Cindy Jones also publishes Trademark Law Briefs, a regular update of trademark decisions in California and the Ninth Circuit.

Choosing a Good Mark

Not every word or phrase can be trademarked. Words that are considered "generic" can never be registered, while "descriptive" words can only be registered in specific circumstances. On the other hand, "suggestive" marks can always be registered, but may receive weaker protection than marks that are "arbitrary" or "fanciful." When comparing your proposed mark to other marks, you must consider the similarity in sight, sound,

This is why you, as a business person, must think about trademark law as soon as you begin picking a name for your business, service, or product.

Trademark Registration Process

Step One: Registration Analysis

The first step in registering a mark is determining whether the mark can be registered. At Avatar Legal® we first review your phrase or symbol to make sure it is being appropriately used as a trademark or servicemark and that it consists of words that the USPTO will allow (see "choosing a good" mark below).

Trademark Law Fundamentals

A Trademark is any word, phrase, symbol or design that identifies and distinguishes your products or services from those of your competitors. Logos and slogans are common examples. Even distinctive colors, sounds, and scents can be trademarks. For example:

Coca-Cola is a word used as a trademark for soft drinks
The Nike "swoosh" is a symbol used as a trademark for sports gear
The famous NBC chimes are a sound used as a trademark for television broadcast services
"Takes a lickin' and keeps on tickin'" is a slogan used as a trademark for Timex watches.

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