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Trademark

Andrew Comer leads Fortis Law Partners’ trademark and intellectual property practice. His expertise is essential for growing companies and startups, which are quickly developing intellectual property they must protect for years or decades. 

Andrew and his team regularly advise clients on how their trademark and intellectual property decisions fit into their overall business and marketing strategies. In addition, he can help with trademark registrations and related filings, post-registration strategies, trademark defense procedures, litigation advice, and general assistance with brand protection. 

Most trademark services are provided for a cost-effective, flat fee that allows clients to plan ahead and avoid unpleasant surprises around legal costs.

Every business should want to protect its brand, and registering trademarks is one of the best, most efficient ways to do so.

Services Offered

  • Trademark applications – provided for flat fee
  • Monitoring for deadlines and infringement – provided for a flat fee
  • Intellectual property (IP) strategy
  • Managing trademark registrations and related filings
  • Post-registration strategy
  • Trademark defense procedures
  • Litigation for trademark disputes
  • General brand-protection counsel

Frequently Asked Questions About Trademarks

A registered trademark can be a crucial asset to a business. It provides legal protection against fraud and imitation of the product or service under the mark, as well as the ability to act against infringement. Furthermore, it gives businesses an ideal opportunity to bolster their brand recognition and trust among customers by offering them a way to easily identify their products or services.

Trademarks also present businesses with tangible assets they can leverage for profit through licensing or selling exclusive rights to utilize the mark in exchange for financial compensation.

A trademark attorney is a legal professional specializing in helping clients protect their intellectual property rights, specifically in trademarks. Trademark attorneys in Colorado can assist with various legal matters related to trademarks, including trademark searches, filing trademark applications, responding to office actions, and enforcing trademark rights. They can also guide on issues such as trademark infringement, unfair competition, patents and brand protection strategies.

In Colorado, trademarks can be registered with the United States Patent and Trademark Office (USPTO) or the Colorado Secretary of State. However, navigating the registration process can be complex and time-consuming, so it is helpful to seek the assistance of a trademark attorney. They can ensure that your business’s trademarks are adequately protected and enforced, help to prevent costly legal issues and trademark disputes and safeguard brand reputation.

Currently, the United States Patent and Trademark Office (USPTO) is receiving a record-high number of trademark application submissions. Unfortunately, the USPTO is also experiencing a shortage of staff to process and review submissions.

As a result, processing times are delayed, and applications are taking significantly longer than usual.

Current expected wait times are as follows:

  • Initial Review: Allow approximately eight months for the trademark office to review applications initially.
  • Registration/Other Resolution: The average application now takes nearly 14 months to reach registration/resolution.

A trademark attorney is a legal professional specializing in helping clients protect their intellectual property rights, specifically in trademarks. Trademark attorneys in Colorado can assist with various legal matters related to trademarks, including trademark searches, filing trademark applications, responding to office actions, and enforcing trademark rights. They can also guide on issues such as trademark infringement, unfair competition, patents and brand protection strategies.

In Colorado, trademarks can be registered with the United States Patent and Trademark Office (USPTO) or the Colorado Secretary of State. However, navigating the registration process can be complex and time-consuming, so it is helpful to seek the assistance of a trademark attorney. They can ensure that your business’s trademarks are adequately protected and enforced, help to prevent costly legal issues and trademark disputes and safeguard brand reputation.

Trademark Laws in Colorado

A trademark can be any form, such as a word, phrase, symbol or design – all meant to distinguish one business from another. Ensuring that trademarks are distinct from those belonging to competitors allows organizations to build up their brand identity and protect it for years to come.

Businesses in Colorado should register their trademarks with either the United States Patent and Trademark Office (USPTO) or the Colorado Secretary of State. Doing so gives them legal protection against those who may try to infringe on their intellectual property rights.

What is Eligible for Trademark Registration?

To be eligible for trademark protection, a mark must stand out from other products and services in the market so that it does not infringe upon an existing trademark. This means that generic and descriptive terms cannot be eligible for trademark protection unless they have acquired secondary meaning, indicating that customers associate them with a particular brand, service mark or product through usage or marketing initiatives.

What is the Process of Trademark Registration in Colorado?

The trademark registration process in Colorado typically begins with a business or attorney conducting a comprehensive search of all existing marks and applications to determine whether their mark is eligible for protection. 

After that, they should file an application with the United States Patent and Trademark Office (USPTO). This application must meet strict requirements and provide accurate information regarding the mark’s nature and use.

An experienced trademark attorney can make the process smoother by thoroughly searching for available marks and filing your application on your behalf, thus maximizing your chances of success and saving you time and effort.

Why Hire a Trademark Attorney?

Hiring a trademark attorney in Colorado can be a wise investment for any business, regardless of size or industry. Here are some of the benefits of working with a trademark attorney:

Legal Protection: Trademark attorneys can help you safeguard your business name and valuable intellectual property. They provide services such as conducting an extensive trademark search, preparing and filing a trademark application, and, if necessary, taking legal action to enforce your rights. With their expertise, you can safeguard your brand and business from trademark infringement.

Preventing Infringement: Colorado trademark attorneys can help you avoid inadvertently infringing on the rights of another. They can conduct a thorough search to determine if a mark is already in use and advise you on how to proceed if an infringement issue arises. Taking preemptive steps can prevent costly legal disputes later down the line.

Saving Time and Money: Though attempting to take on trademark matters yourself may seem practical, it can be incredibly time-consuming and expensive. A trademark attorney is a solution: they possess the expertise and know-how to manage your case without difficulty while also helping you avoid any potential delays or costly missteps. Ultimately, partnering with an experienced lawyer will save you time and money!

Expert Guidance: Navigating trademark law can be tricky, but obtaining guidance from an experienced trademark attorney in registering trademarks, negotiating licenses, and enforcing them as needed, can assist you in making informed decisions that are right for your business.

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