Trademark Services

Our attorney has experience representing and advising businesses and entrepreneurs in a wide range of trademark prosecutions, brand protection strategies, licensing and transactions, and disputes, achieving favorable outcomes—successful mark registrations and defense of USPTO office actions, worry-free mark licensing and transactions, and even large-scale cross-border anti-counterfeiting actions. Below are the trademark services we offer: 

Trademark Search & Clearance (typically $150 - $2000 per mark)

Before registering or using a new mark, it would be great to hire the professional legal team at He's Law Office to conduct a comprehensive search of any potentially confusing mark in the USPTO's trademark database, state databases, common law, and more. Otherwise, you are exposed to the legal risks of infringing on other businesses' trademark rights and confusing their consumers, which can lead to consequences such as unsuccessful trademark registration or even a lawsuit. Instead of trusting highly unreliable Google searches and generative AI answers, let us evaluate the level of risk associated with each risky mark based on our specialized experiences and expertise in trademark and prepare a well-written report for you—something you can count on.

Application to Register Trademark(s) (flat-fee)

While you might have heard that trademark rights are established as long as you use the mark in commerce ("common law rights"), registering your trademark with the USPTO offers significantly better and stronger protection of your mark, as it not only ensures nationwide protection, but also deters potential infringers and confusing mark users, improves your business credibility, allows you to use the  ® symbol, effortlessly establishes your mark ownership in trademark disputes and transactions, allows you to claim a statutory damage of at least $1,000 and up to $2,000,000 per counterfeit mark per class of good or service sold, and helps you in international trademark protection and anti-counterfeiting actions. 

To enjoy the numerous benefits of a trademark registration with the USPTO, hiring He's Law Office to walk you through the process is all you need. We can represent you in the registration of character marks ("word marks"), design marks ("logos"), and trade dress ("business appearance"), under 1(a) ("use in commerce"), 1(b)

("intent to use"), 44(e) ("foreign registration"), and 44(d) ("foreign application") basis.

If the cheaper, limited statewide protection is all that you want, we help you register trademarks with Massachusetts Secretary of the Commonwealth and Oregon Secretary of State too. However, in comparison to USPTO registrations, the downside of state registration goes far beyond statewide versus nationwide protection—you might want to hear more information and advice from us before making the decision to register your mark with a state instead of the USPTO.

Response to Office Actions by the USPTO (typically $300 - $1200)

After you submit your application for trademark registration with the USPTO, the Office will assign an Examining Attorney to review your application: the Examining Attorney might refuse your registration for a variety of reasons, such as confusing with other mark(s), not distinctive enough, errors in application information submitted, and more. Depending on where you are in the registration process, you might receive a non-final action (first refusal) or a final action (second refusal). 

But don't worry yet, He's Law Office can zealously and diligently advocate for you and defend your position in a Response to the non-final action or a Request for Reconsideration after the final action.

Other USPTO Filings (some are flat-fee)

You might want to change your trademark application information, such as your filing basis from 1(b) ("intent to use") to 1(a) ("use in commerce") because you have already been using your mark in your business. You might want to revive an abandoned application. You might have to rely on "supplemental register" because your mark is not distinctive enough. You might need to file renewals some years after registering your mark. You might want to assign your trademark rights to others... There's a lot you can or have to file with the USPTO as a mark owner. 

Whether you received something from the USPTO in the mail / email or you heard something about trademark filings, whether you know clearly what you are filing or you are unsure of what should be filed, He's Law Office can assess your situation and help you with any and all USPTO filings.

TTAB: Opposition, Cancellation & Appeals

TTAB, namely the "Trademark Trial and Appeal Board", is an administrative body within the USPTO. The most common types of cases they hear are: 

1. appeals of the USPTO's final refusal of trademark registration application (attorney's fees are typically above $1,500);
2. one party's opposition to another party's trademark registration application (attorney's fees are typically above $2,500);
3. one party seeks to cancel another party's registered trademark (attorney's fees are typically above $2,500).

While TTAB cases are not as common as the ordinary USPTO filings, TTAB is an important tool to secure and enforce your trademark rights. Whether you want to file a case with the TTAB or you need a competent defender in a TTAB proceeding, He's Law Office has your back!

International Trademark: Madrid Filing (flat-fee)

While you cannot directly "register a trademark internationally", the Madrid Protocol, with 115 member countries worldwide, streamlines the process for registering trademarks in multiple countries by allowing you to submit a single international application to your national intellectual property office (such as registering your mark with the USPTO in the United States), which then can be forwarded to the World Intellectual Property Organization (WIPO)—one language, one currency, and one set of fees. However, this process is dependent on the successful registration and maintenance of your marks in your nation, and each member country still examines your application under their own laws.

He's Law Office can competently assist and advise you in Madrid filings. To learn more about the WIPO and its Madrid system, click here.

Registered Mark Monitoring (flat-fee)

Congratulations on your successful trademark registration! However, the USPTO simply registers your mark, and you must proactively enforce your rights on your own. Others might still apply for the registration of marks that might be confusingly similar to yours. Someone might be using marks that are confusingly similar to yours under-the-table. By subscribing to our mark monitoring service, we search your mark in the trademark databases and online twice a month and promptly alert you about any potential infringement or application to register confusingly similar marks. Actions to enforce your rights can be too late, and our monitoring service ensures that you are always aware of your trademark situation.

Domestic Trademark Enforcement

If you are aware that someone in the United States is using or applying to register a confusingly similar mark, using your mark without your permission, or offering counterfeit products and/or services of yours, you should act sooner than later. 

He's Law Office, with successful experiences dealing with large businesses as opposing parties, can represent you in marketplace and/or social media takedown process, send out cease-and-desist letters, and defend your ground and interest in settlement and mark co-existence negotiations.

Cross-Border Trademark Enforcement

You might already be aware that a substantial portion of counterfeit goods are manufactured in China and sold worldwide via e-commerce, causing billions of dollars of loss to honest, hardworking, and creative businesses. Schedule A Litigations can be an efficient and powerful tool in dealing with multiple anonymous e-commerce brand infringers, and He's Law Office can be your zealous advocate in Schedule A cases.

However, the cost of continuing counterfeiting after a Schedule A litigation for Chinese counterfeiters can be low, and He's Law Office can do what the vast majority of the other intellectual property law firms cannot: we partner with expert IP investigation companies, and we are familiar with and constantly uncovering any emerging counterfeiter concentration areas hiding in China. Through our local partners, we have established an anti-counterfeiting intelligence and informant network in China with superb analysis capabilities. We are experts in onsite surveillance, investigations, evidence procurement, and evidence preservation. We also maintain excellent partnerships with law enforcement, financial institutions, and top-tier IP law firms in China. 

Besides assisting with civil litigations in China, for cases with more than 200 counterfeit products or $10,000 actual damage discovered, we offer a unique alternative where (1) our client may opt either to remain anonymous in the enforcement process to avoid controversy, or to use a high-profile presence to deter potential counterfeiters; and (2) a settlement amount much higher than statutory or actual damage is often acquired, exhausting the counterfeiter's assets and opportunities to obtain loans from state-run banks, which practically disables the counterfeiter from starting a counterfeit business again, regardless of whether they were harbored by any marketplaces and e-commerce platforms in China.

To learn more about our cross-border copyright and trademark services, click here.

Trademark Licensing, Management & Consultation

You might wish others to use your trademark(s). You might already own quite a few trademarks. Trademarks might be important intellectual properties in the sale, purchase, and franchise of businesses. Some marks might have been registered while some other marks are not. Some marks might have a higher risk of confusing with other people's marks. Some marks might be associated with legal disputes, controversy, and reputation issues... These are totally normal in the vast, diverse world of business.

To ensure that you are always clear about your brand protection situations, the rights you granted, and the rights you have, you might want the professionals at He's Law Office to create and manage your trademark portfolio, draft and negotiate trademark-related agreements for you, and design regional, national, or global comprehensive brand and trademark protection strategies for you: behind every successful brand, there's a trademark attorney!

Trademark & Domain Name Litigation & Dispute Resolution

Received demand letters in your mail or email? Saw infringing or confusingly similar marks being used to offer products and services? It would be great to contact He's Law Office as soon as possible so that we can zealously advocate for your rights and interests in the settlement of trademark disputes, regardless of whether you are the injured mark owner or the one being accused of infringing on another party's trademark rights, the licensor or the licensee, the franchiser or the franchisee. We are also capable of protecting your trademark against infringing domain names under the Uniform Domain Name Dispute Resolution Policy (UDRP) and against infringing hashtags, search engine keywords, and advertisings.

We understand that negotiations might fail, and we may steadfastly advocate for your rights and interests in the courtroom, in arbitration proceedings, or in other alternative dispute resolution mechanisms and keep you informed instead of stressed in the process.