XYZ & Associates registers their company name with the state in which they operate but does not register a trademark for their name with the U.S. Patent and Trademark Office (USPTO).

  • XYZ & Associates’ name would be recorded in the state in which XYZ physically operates.
  • Any right to the name could be limited within the confines of that state.

XYZ & Associates successfully registers their name with the U.S. Patent & Trademark Office (USPTO).

  • From the moment the application is filed, everyone across the country is notified that XYZ is claiming rights in its mark.
  • Anyone who subsequently attempts to use or register a confusingly similar mark can be stopped.
  • Once registered, XYZ further increases its chances of preventing anyone else from using its name anywhere else in the U.S. because they appear in the USPTO database.
  • The asset value of XYZ’s name increases.
  • If the business is ever sold, franchised, or licensed in part to another company, the trademark registration can be assigned a dollar value.
  • Federal registration would allow XYZ to use the ® or Registered Trademark wording alongside its name.
  • If another company tried to adopt a similar name, they could not claim ignorance of XYZ’s rights.
  • After five years of registration, XYZ’s name rights become incontestable, eliminating nearly every defense to trademark infringement.
  • If XYZ had to go to court to stop an infringement, they could potentially collect up to triple damages plus attorneys’ fees.
  • If someone tried to register a domain name online that infringes upon XYZ’s mark, XYZ could generally shut down the infringing website more easily. 

EMP&A handles everything related to trademark registration and protection, ranging from a basic search to the most complex brand analysis. Since 1999, we have represented clients big and small, from all over the world, from all industries (such as software, real estate, restaurants, cosmetics, apparel, publishing, breweries, toys, and much more), in all types of trademark work, using predictable and affordable flat fees. Core services we provide include:

  • Search
  • Register at U.S. Patent and Trademark Office
  • Register internationally
  • Defend all aspects of infringement
  • Monitor for infringement
  • Help businesses stop infringements
  • Represent parties in Trademark Trial and Appeal Board disputes
  • Negotiate trademark compromises
  • Draft licenses
  • Strategize regarding brand creation, use, or redevelopment
  • Handle Federal Circuit Court of Appeals cases
  • Provide specialized feedback.

It may be tempting to file applications for trademark registration on your own, but the process can be long and full of hurdles. Some applications can go as “quickly” as six months—others can take years. At EMP&A, we’ve registered more than 2,300 trademarks for clients.

Useful Links:

Trademark Application