Trademark Maintenance and Renewal
Federal trademark registrations require Section 8 declarations of continued use between years 5 and 6, Section 15 incontestability declarations, and Section 9 renewals every 10 years. Failure to file results in automatic cancellation.
Intent-to-Use Trademark Application
Intent-to-use (ITU) trademark applications under Section 1(b) of the Lanham Act allow applicants to reserve a mark before use in commerce. The application creates a priority date, but registration cannot issue until a Statement of Use or Extension Request is filed.
Office Action Response
USPTO Office Actions raise substantive refusals (likelihood of confusion, merely descriptive, primarily merely a surname) and procedural requirements. Each refusal type has specific response strategies developed through TTAB and Federal Circuit precedent.
Federal Trademark Registration Strategy
Federal trademark registration with the USPTO provides constructive nationwide notice, the right to use the ® symbol, the ability to record with U.S. Customs, and a presumption of validity in litigation. The registration process requires clearing conflicts, selecting classes, and proving use or intent to use.
Trademark Infringement
Trademark infringement claims in federal court require proving likelihood of confusion between marks. The strength of your mark and the similarity of the goods or services are key factors.
Copyright Infringement
Copyright infringement can support statutory damages up to $150,000 per willful infringement plus attorney’s fees — but only if the work was registered before the infringement occurred.
Trademark Registration
Federal trademark registration with the USPTO provides nationwide priority and significant enforcement advantages. The application process requires clearing conflicts and selecting the right classes.
Trade Secret Theft
Trade secret misappropriation claims under the Texas Uniform Trade Secrets Act and the federal Defend Trade Secrets Act can support immediate injunctive relief and damages.