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Trademark application

1.    Preparation to file

If you are filing for a mark that includes a logo then you want to have a PDF ready of your mark/logo design. You want to speak to a trademark attorney about the advantages and disadvantages of filing a mark together with a logo as opposed to just the word portion of the mark. You also want to consult about filing the mark in black and white vs color.

2.    Conducting a search

Once you know how you want to file the mark it is prudent to conduct a search to see if it is available. The search should be a likelihood of confusion search that mimics the one that an Examining Attorney will conduct 3 months after your filing date.

3.    Filing the Application

If a trademark attorney opines that the mark is available then you can proceed to file it. If based on use in interstate commerce, speak to an attorney to learn what constitutes "use", then obtain the dates that the goods and services were first sold in the United States and abroad. Also, obtain 3-5 photos of the product or service showing the mark.

4.    Pendency

The application once filed will be pending for 3 months before it will be examined.

5.    Response

The Examining Attorney will then issue an Office Action if there is an issue with the application. There are many types of issues that range in degree of complexity. An attorney should be hired to review responses from the Trademark Office. Once responded to the Examining Attorney will get back to you in about 1-2 months.

6.    Approval

If approved the application will be published for 30 days giving anyone in the public an opportunity to oppose the application.

7.    Registration

If there is no opposition and the application was filed based on a mark in use then the trademark will register. If the application was filed based on intent to use then a Statement of Use or Extension of Time for 6 additional months must be filed.

8.    Post-Registration

At the 5th year anniversary a Section 8 affidavit must be filed to avoid abandonment that states there is continuous use. Optionally, a Section 15 affidavit may be filed that makes the registration incontestable. The Section 15 affidavit is recommended to make for a stronger registration. Five years later the Section 8 and 9 affidavits must be filed to renew the registration for 10 more years.

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Matthew Sean Tucker
Matthew Sean Tucker
28

200 SE 6th Street Suite 405, Fort Lauderdale, FL 33301

Bar #90047(FL)     License for 2011 years Member in Good Standing

Practice Areas: Brain injury | Defective and dangerous products | Litigation | Patent application | Patent infringement | Personal injury | Slip and fall accident | Trademark application | Trademark infringement | Wrongful death
Diana Frances Mederos
Diana Frances Mederos
27

7000 W. Palmetto Park Rd. Ste. 210, Boca Raton, FL 33433

Bar #99881(FL)     License for 2012 years Member in Good Standing

Practice Areas: Business | Contracts and agreements | Intellectual property | Litigation | Patent application | Trademark application
David Wade Barman
David Wade Barman
26

17071 West Dixie Highway, North Miami Beach, FL 33160

Bar #20693(FL)     License for 2006 years Member in Good Standing

Practice Areas: Copyright application | Intellectual property | Patent application | Patent infringement | Trademark application
Scott D. Smiley
Scott D. Smiley
24

6400 North Andrews Avenue Suite 500, Fort Lauderdale, FL 33309

Bar #678341(FL)     License for 2003 years Member in Good Standing

Practice Areas: Internet | Patent application | Patent infringement | Trademark application | Trademark infringement
Greg Matthew Popowitz
Greg Matthew Popowitz
22

213 E Sheridan Street Suite 3, Dania Beach, FL 33004

Bar #70313(FL)     License for 2009 years Member in Good Standing

Practice Areas: Entertainment | Intellectual property | Litigation | Patent application | Trademark application
Jacqueline Clementine Tadros
Jacqueline Clementine Tadros
19

401 East Las Olas Boulevard, Suite 1400, Fort Lauderdale, FL 33301

Bar #497509(FL)     License for 2001 years Member in Good Standing

Practice Areas: Entertainment | Intellectual property | Patent application | Patent infringement | Trademark application | Trademark infringement
Mark Christopher Johnson
Mark Christopher Johnson
19

111 North Pine Island Road Suite 103, Plantation, FL 33324

Bar #84365(FL)     License for 2010 years Member in Good Standing

Practice Areas: Intellectual property | Patent application | Patent infringement | Trademark application | Trademark infringement
Mark F Warzecha
Mark F Warzecha
15

1990 W NEw Haven Ave Ste 201, Melbourne, FL 32904-3923

Bar #95779(FL)     License for 2012 years Member in Good Standing

Practice Areas: Entertainment | Intellectual property | Internet | Litigation | Mediation | Patent infringement | Trademark application | Trademark infringement
Gregory Laurence Mayback
Gregory Laurence Mayback
13

5846 S Flamingo Rd # 232, Fort Lauderdale, FL 33330-3206

Bar #964247(FL)     License for 1992 years Member in Good Standing

Practice Areas: Intellectual property | Patent application | Patent infringement | Trademark application | Trademark infringement
Catherine Fran Hoffman
Catherine Fran Hoffman
12

5722 S Flamingo Rd #232, Fort Lauderdale, FL 33330-3206

Bar #828459(FL)     License for 1989 years Member in Good Standing

Practice Areas: Intellectual property | Litigation | Patent infringement | Trademark application | Trademark infringement
Robert Michael Downey
Robert Michael Downey
9

6751 N Federal Hwy Ste 300, Boca Raton, FL 334871647

Bar #793371(FL)     License for 1989 years Member in Good Standing

Practice Areas: Copyright application | Intellectual property | Litigation | Patent application | Patent infringement | Trademark application | Trademark infringement
Alla Zagrebelsky
Alla Zagrebelsky
8

2202 N. West Shore Blvd. Suite 200, Tampa, FL 33607

Bar #54106(FL)     License for 2008 years Member in Good Standing

Practice Areas: Contracts and agreements | Copyright infringement | Corporate and incorporation | Entertainment | Franchising | Intellectual property | Internet | Licensing | Mergers and acquisitions | Trademark application | Trademark infringement | Venture capital

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