Buckley & Zopf is one of just a few New Hampshire based firms offering a variety of Intellectual Property services including Trademark due diligence and prosecution, United States Patent and Trademark Office (USPTO) Oppositions, Petitions and Office Action responses as well as numerous Copyright and DMCA related matters and transactions including licensing such as End User License Agreements (EULA), website terms of service and privacy policies. We pull from our strategic business acumen and technology prowess to provide innovative solutions for your IP issues.
"It protects words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods. Trademarks, unlike patents, can be renewed forever as long as they are being used in commerce." The term “trademark” is usually reserved for goods and “service-mark” is reserved for services, but for filing purposes they are treated the same.
Whether your business is new or expanding, or you are launching a new product or service, it is crucial that the proper due diligence is done the right way before you invest hard-earned money in support of your brand.
Contact Buckley & Zopf today for a consultation.
We offer comprehensive trademark clearance due diligence under federal law, common law and even several key international jurisdictions as well as registration services that can be handled for an affordable fixed fee.
Please contact us for a quote or if you have any questions about any of our services:
After your trademark application is filed with the United States Patent and Trademark Office (USPTO) an examining attorney will review the application to determine whether it complies with all applicable rules and statutes and includes all required fees.
A complete review includes a search for conflicting marks, and an examination of the written application, the drawing, and any specimen (the proof of use in commerce).
If the examining attorney decides that a mark should not be registered, the examining attorney will issue a letter – an Office Action - explaining any substantive reasons for refusal, and any technical or procedural deficiencies in the application. If the examining attorney sends an Office Action, the applicant’s response to the Office Action must be received in the Office within six months of the mailing date of the Office Action, or the application will be declared abandoned. A trademark owner will lose his or her intellectual property rights in the mark if it is declared abandoned. Moreover, if the applicant’s response does not overcome all objections in an Office Action, the examining attorney will issue a final refusal. To attempt to overcome a final refusal, the applicant may, for an additional fee, appeal to the Trademark Trial and Appeal Board (TTAB), an administrative tribunal within the USPTO.
Office Actions typically fall into two categories: substantive objections and procedural/non-substantive objections. An example of a substantive objection is an Office Action objection based on the examiner’s opinion that the mark is merely descriptive, meaning it just describes what goods or services are on offer (e.g., a business that builds houses and seeks to register the mark: Home Builder) or that is confusingly similar to another mark already registered or has an application pending at the USPTO.
To save you time and money we typically separate Office Action responses into two phases. First, we carefully review your Office Action and provide you with analysis and a recommended course of action. The second part is the implementation phase, where we implement the recommended course of action. Because some objections likely will not be overcome, breaking up the process in this manner could save you on office and attorney fees. Moreover, it gives you an opportunity to consider your options carefully and make an informed decision based on your budget and needs.
If you are facing a USPTO Office Action rejection, contact us today to set up a consultation.
"It protects works of authorship, such as writings, music, and works of art that have been tangibly expressed."
Copyright protects “original works of authorship” that are fixed in a tangible form of expression. Copyrightable works include literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the particular way these things are expressed.
Generally, the U.S. Copyright Act gives the owner of copyright the exclusive right to do and to authorize others to do the following:
Copyright law provides several advantages to encourage copyright owners to make a timely registration. Among these advantages are the following:
Protect your creativity and originality and keep your IP ducks in order. Let our Copyright experience work for you. The attorneys at Buckley & Zopf handle a variety of copyright matters for the entrepreneur, small business and artist including:
If you have a copyright related matter don’t hesitate to contact us today for a consultation.
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