Questions, answered plainly

Yes. Trademark registration is handled by the United States Patent and Trademark Office (USPTO) and copyright registration by the U.S. Copyright Office, both federal agencies. That work is nationwide, so Mortimer Legal represents clients in every state, and foreign applicants seeking protection in the United States.

Deborah is admitted to the bars of New York and New Jersey, which matters for state-specific matters in those states.

You can, but we do not recommend it, and we will tell you why before you decide. Filing fees paid to the USPTO are not refunded if your application is refused because another mark is too similar, and the refusal usually arrives months after you have already invested in the name.

A comprehensive search costs far less than a refused application or a rebrand, and it gives you a strategy rather than a gamble.

It is a useful first step, but a search of the federal register alone misses a lot. Trademark rights in the United States also arise from use, so a business that never registered anything may still have earlier rights in your name. Similar spellings, sound-alikes, translations and marks in related goods and services can all block an application.

Our search covers federal, state and common-law sources, including the web and social media, and we read the results through the same tests a USPTO examining attorney applies.

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The USPTO typically takes 12 to 18 months from filing to registration, and it can take longer if the examining attorney issues an office action or a third party opposes the application. Timelines change with the USPTO's workload, so we will give you a current estimate when you file.

Your filing date is what matters most. From that date your application is on record ahead of anyone who files after you.

A registration is the beginning of protection, not the end. To keep its value you need to use the mark, watch for infringers and file maintenance documents on time, or the registration can be canceled. We provide yearly monitoring across USPTO, state and common-law databases, respond to confusingly similar marks with oppositions or cease and desist letters, and handle every renewal and maintenance filing.

A federal registration lasts 10 years and can be renewed indefinitely, as long as the mark remains in use. To keep it alive you must file a declaration of continued use between the fifth and sixth year after registration, and a renewal every 10 years. Miss a deadline and the registration is canceled. We track and file these for our clients.

In general terms, a trademark protects the elements of a brand that identify the source of goods or services: a name, logo, slogan or design mark. A copyright protects original creative works: a book, an illustration, a photograph, software or music. Many brands need both, and we handle both.

In the United States, for works created today, copyright generally lasts for the life of the author plus 70 years after the author's death. For works made for hire and anonymous or pseudonymous works, copyright generally lasts for 95 years from first publication or 120 years from creation, whichever expires first. Older works may be subject to different rules, so ask us about a specific work.

Copyright exists from the moment an original work is fixed in a tangible form, but registration with the U.S. Copyright Office gives you important advantages, including the ability to bring an infringement lawsuit and, when registration is timely, access to statutory damages and attorney's fees. For most authors and illustrators it is a modest, worthwhile step.

Deborah is a former litigator, and the practice today focuses on registration, enforcement and agreements, which is where most brand problems are prevented. Should you have a legal matter (including trademark and copyright) that goes beyond negotiation and settlement, it will be referred to a litigation attorney in your state.

No. The answers here are general information about United States trademark and copyright law and do not address your specific situation. Please book a consultation before relying on any of it. Use of this site does not create an attorney-client relationship.