Trademark Attorney Delaware — Intellectual Property Trademark Registration
🔹A trademark is a type of intellectual property that is used to identify and distinguish a particular brand or product from others in the market. It can be a word, phrase, symbol, design, or a combination of all these elements that represent the unique identity of the brand. A trademark is essential for businesses to protect their brand identity and prevent others from using it without permission. Aside from protecting your brand's distinctive identity, you get important legal rights to prohibit unlawful usage. These permissions are useful for submitting legal papers and contracts.
🔹In the United States, including the state of Delaware, it is the United States Patent and Trademark Office (USPTO) that is responsible for ensuring that trademarks are protected and enforced. The USPTO prosecutes trademark infractions by investigating and taking legal action against individuals or companies that use someone else's trademark without permission. This can include filing lawsuits, issuing cease and desist letters, or taking other legal actions to protect the trademark owner's rights.
🔹However, every state in the USA has its own register of local trademarks. It is possible to register a trademark in one state, instead of applying for a trademark on a federal level.
Benefits of Delaware Trademark Registration
🔹A Delaware trademark enlists the force of the Delaware government to defend your business and brand against infringement and consecutive registration of confusingly similar trademarks. After registering your trademark, the trademark will be listed as registered. Anyone will be able to find your trademark on the Register to understand that your brand is already protected. Non-registered trademarks that are in use enjoy a limited scope of protection, while registered ones are protected by the government within the state for a Delaware trademark or nationally for a USPTO trademark. Trademark registrations give you the power to sue in court for trademark infringement and even seek damages. Also, a registered trademark can be used to force others to cease using a mark without having to go to the court.
🔹A trademark lawyer can verify if your brand is distinctive. A trademark must fulfill numerous standards before it is granted. For example, a trademark must be sufficiently distinctive to allow consumers to differentiate your product from the same products of others. Its distinctiveness may be divided into five key categories:
Generic trademarks (least distinct). Can of soda is generic for a can of soda;
Descriptive. Sweet soda is descriptive for sweet soda;
Suggestive. Suggests a quality, but does not describe it. Microsoft is suggestive for a software company;
Arbitrary. Apple for Apple computers;
Fanciful (most distinct). Xerox for printers.
The more distinctive the mark is, the less likely it will be mistaken with other marks. Most significantly, it has more legal weight when dealing with competitors and unauthorised use. To acquire this protection, you must first register your trademark with the state of Delaware or with the United States Patent and Trademark Office.
Trademark Registration Process in Delaware
As it was mentioned, there are 2 ways to protect a mark in Delaware. The first way is to register it within the State of Delaware only. The second way is to register it on a federal level, covering all the states. That’s more cost-effective if you plan on selling in other states. To get a trademark registered in the USA, a company (or person) must apply to the US Patent and Trademark Office (USPTO). The USPTO registers and prosecutes trademarks, and it maintains the Principal and Supplemental Registers. Trademarking your business name is not as straightforward as forming an LLC and may take longer than expected. It is necessary to take the following steps to complete the process.
1 — Search
✔️ First of all, check the government database to confirm that the desired name and sign are accessible. The USPTO's Trademark Electronic Search System (TESS) can help you with this procedure. In addition to looking for the desired trademark, you should look for comparable names. For example, if your name is too similar to one already enrolled in the same class, the Delaware counsel may refuse to register you.
2. Apply
✔️ Prepare your application when you've researched and cleared the name you wish to trademark. You may apply for a name that is already in commercial use or that you plan to use in the future. Make sure that your trademark application has all the necessary items in place:
Name and address of the applicant;
Citizenship and legal entity of the applicant, as well as a name and address for future contact;
A logo if you have one. You can file a wordmark only with no logo;
A description of the mark if your mark is a logo;
A certain set of goods or services covered in the application grouped according to the USPTO Classification of Goods and Services;
An example of the sign in use along with the date you first used it;
A dated signature from you or an authorized representative, such as your copyright lawyer;
The correct cost for the kind and number of courses in the application.
If you find yourself overwhelmed with the process of preparing a trademark registration application, then you can always enlist the help of an experienced attorney who specializes in trademark law.
3. File
✔️ You have two filing options: TEAS Plus and TEAS Standard. The first option is less costly but is more demanding when it comes to filling out the form. A TEAS standard form costs 100$ more but it provides more flexibility with selecting your goods or services. When you submit your application, the USPTO will provide you with a serial number and a confirmation receipt. You may use this number to verify the status of your application on the Trademark Status & Document Retrieval (TSDR) site.
What Can a Trademark Attorney Do for You?
A trademark attorney is a legal professional who specializes in the field of intellectual property law. Trademark Attorneys are experts in protecting and enforcing your rights as a trademark owner. If you own a business or are planning to start one, it is essential to understand the importance of trademark protection. Attorneys can help you in a variety of ways:
Legal assistance on using and registering new trademarks;
Conducting a search using the USPTO's Trademark Electronic Search System;
Evaluating the strength of the proposed trademark;
Filing applications to register trademarks that fulfill USPTO standards;
Providing advice on how to deal with trademark enforcement and infringement issues.
A professional attorney in Delaware is an invaluable resource for any business owner who wants to protect their brand and ensure that they have the legal right to use it. With their expertise and guidance, you can feel confident that your trademark is in good hands.
Reasons to Hire an Attorney to Safeguard Your Delaware Intellectual Property
The trademark registration procedure requires meticulous attention to detail. For example, you must correctly determine the class for your product or services and use an acceptable terms for your products or services. There are 45 classes of goods and services. That is when trademark lawyers come into play. They are acquainted with the procedure and can prevent these blunders by:
Searching for similar trademarks that may prevent you from registering your own;
Interpreting the results and advise you on how to continue;
Evaluating the strength of your proposed sign and helping you develop a powerful mark;
Explaining your rights and how to file infringement claims;
Preparing and submitting the application, and addressing issues if any;
Following up on the process, monitoring progress, and answering any further questions about the application.
After you've registered your sign, a certified attorney from a law firm may help you protect your intellectual property rights. They may also monitor and investigate claims for possible infringement.
Our Trademark Lawyers Can Help
Our trademark lawyers at Chambers USA can help you with copyright and trademark protection. They serve customers in Delaware and any district of Delaware – from Wilmington to Dover. As a full-service legal office, we can assist you with further commercial concerns and patent cases. Intellectual property litigation, employment law, and workers' compensation are just a few examples.
Ensure the Highest Quality Legal Representation with Bonamark
When it comes to safeguarding your brand and intellectual property, you need a reliable and experienced partner. That's where Bonamark comes in as a leading international trademark registration agency. We've been helping businesses and entrepreneurs like you secure their trademarks worldwide since 2016. With over 5,200 trademarks successfully registered under our belt, Bonamark has a proven track record of delivering exceptional results for our clients. Our team of trademark experts stays up-to-date with the latest regulations and best practices, ensuring your trademark is protected to the fullest extent.
At Bonamark, we're not just a faceless agency — we're your dedicated partner throughout the entire trademark registration process. Our clients consistently give us a 5-out-of-5 customer recommendation score, a testament to the personalized attention and guidance we provide.
FAQs
❓How long does it take for a trademark to be approved in Delaware?
🅰️ 6-7 months
❓Do I need a trademark to operate a business in Delaware?
🅰️ No, you don’t need a trademark. A trademark is a way to protect your brand, your name. It’s not obligatory for every business, but if you are going to scale, you will need a trademark.
❓Can I use my Delaware business name as my trademark?
🅰️ Yes. Note that some parts of your business name (such as LLC or INC) can be removed from the trademark as they are non-protectable and will not increase the overall distinctiveness of a trademark.
❓Who can apply for a trademark in Delaware?
🅰️ Any US company or individual can apply for a trademark in Delaware.
❓How much does it cost to apply for a trademark in Delaware?
🅰️ The best solution is to apply for a federal USPTO mark which will cover Delaware as well as other states. It will cost US$499.
❓How do I know if my trademark is already in use in Delaware?
🅰️ First, check the USPTO database. Next, google to find if any businesses use your mark. Request a free search on Bonamark.com
❓Can I trademark my logo design in Delaware?
🅰️ Yes, you can register your logo design as a trademark.
❓Can I get a faster trademark approval in Delaware?
🅰️ The process is standard. The best way to get it faster is to hire a specialist who will prepare a correct application.
❓Can I register my trademark without the help of a Delaware trademark attorney?
🅰️ If you are a US company or citizen you do not need an attorney.
❓What is a “specimen of use” required for Delaware trademarks?
🅰️ A Specimen of Use is an example of how you use your mark in commerce. It can be a photo of your product with your mark. Or a photo of your store, a screenshot of your website.