What is a trademark?


A trademark is a word, name, symbol, or device used by a person or business to indicate the source of a good and to distinguish it from the goods of others. A service mark is the same as a trademark except that it identifies and distinguishes the source of a service rather than a product. Service marks are often referred to as trademarks for convenience. A certification mark is a mark used by someone other than the trademark owner to certify the quality of goods or services (e.g., the Good Housekeeping seal). A collective mark is a mark used to identify a membership organization (e.g., C.P.A.). The terms “trademark” and “mark” are commonly used to refer to both trademarks and service marks. A trademark identifies a brand and is used in the marketing of a product.


Trademarks are not required to be registered with the U.S. Patent and Trademark Office (USPTO) to establish common law rights, but registration provides many advantages including


  1. The right to use the federal registration symbol “®”;

  2. A legal presumption of ownership of the mark and exclusive right to use the mark nationwide on or in connection with the goods/services listed in the registration;

  3. Public notice of claim of ownership of the mark;

  4.  Listing in the USPTO’s online databases;

  5. The ability to record the U.S. registration with U.S. Customs and Border Protection to prevent importation of infringing foreign goods;

  6. The ability to bring an action concerning the mark in federal court; and

  7. The use of the U.S. registration as a basis to obtain registration in foreign countries.


Our Trademark Services


ARC IP Law offers clients a full array of trademark assistance, developing and managing US and world-wide trademark portfolios. We help clients with the application process from start-to-finish, which includes selecting a mark, identifying goods and services, performing a trademark search, determining a filing basis, filing the application, monitoring the application status, interfacing with USPTO examining attorneys, overseeing publication of the mark, maintaining registration, cancellation, and appeal proceedings with the USPTO Trademark Trial and Appeals Board. After registration, ARC IP Law offers enforcement services for trademark rights through a competitor watch in which we monitor the use of the client’s trademark and its competitors, analyze and issue cease and desist communications, and assess the viability of litigation for strategic enforcement.


Trademark Services Include:





  1. Trademarkability Studies

  2. Trademark Landscape Reviews

  3. Trademark Clearance Searches – US and World Wide

  4. Market and Competitor Analysis

  5. Brand Availability

  6. Due diligence

  7. Domain Name Enforcement or Disputes

  8. Trade Dress Protection

  9. Trademark Valuation Assistance

  10. Licensing Agreements

  11. Trademark Transfers or Assignments

  12. Non Disclosure and/or Confidentiality Agreements

  13. Trademark Dispute Resolution

  14. Trademark Litigation

  15. Domain Name Disputes


Trademark Prosecution:

  1. Global Trademark Portfolio Management

  2. Madrid Protocol Applications and Prosecution

  3. International Applications and Prosecution

  4. World Intellectual Property Organization (WIPO) Matters

  5. Trademark Prosecution Strategies

  6. Identification of Goods and/or Services Construction

  7. Application Drafting

  8. Analysis of Specimens for Use

  9. Design Marks


Proceedings before the Trademark Trial and Appeal Board:

  1. Opposition Proceedings

  2. Cancellation Proceedings

  3. Interferences

  4. Concurrent Use

  5. Appeals

  6. Final Refusal Proceedings


Trademark Enforcement:

  1. Trademark Watch Services

  2. Cease and Desist Demands

  3. Trademark or Trade Dress Litigation

  4. Customs Enforcement

  5. International Trade Commission Matters

  6. Protective Orders