BRAND PROTECTION+
Protect, Manage & Monitor Your Trademark with Brand Protection+
Ongoing Trademark Protection
Exclusive Cost Savings
Legal & Administrative Support
Monitoring Alerts & Reporting
How Does Brand Protection+ Protect Your Trademark?
Applying for your trademark is just the first step. Maintaining protection is what ensures your brand's long-term success. Without continued support, you could miss important deadlines, face legal challenges, or even risk losing your trademark rights. Brand Protection+ helps you stay protected with compliance reminders, essential IP tools, and quarterly monitoring reports that flag potential infringements early. During your trial, you'll also receive access to legal support and exclusive savings on future filings—so you can manage your trademark with less stress and more confidence.
FEATURES & BENEFITS
What Can Brand Protection+ Do for You?
Missing a renewal or office action deadline can jeopardize your trademark rights—and your ability to defend your brand. Brand Protection+ helps you stay on track with proactive compliance reminders and essential IP tools that make it easier to manage filings, maintain your registration, and keep your trademark enforceable.
Understanding Trademark Administration
Trademark ownership isn't just about filing—it requires ongoing management to keep your registration enforceable and up to date. Brand Protection+ gives you access to administrative support and legal guidance, so you can make critical updates or respond to trademark disputes with less stress.
As your business evolves, you may need to update trademark details or transfer ownership. Brand Protection+ includes one free amendment and one free transfer per year.
• Amendments – Correct minor errors on your trademark record, such as updating ownership details or refining your listed goods and services.
• Transfers and Assignments – Legally assign trademark ownership to another individual or entity. Often needed during business sales, mergers, or restructurings.
The Trademark Trial and Appeal Board (TTAB) handles legal disputes related to trademark ownership and registration. If someone opposes your trademark, tries to cancel it, or if you need to dispute another filing, TTAB proceedings may be required. Brand Protection+ includes one free attorney consultation per year to help guide you through these situations.
• Oppositions – When another party disputes your application before it's registered.
• Cancellations – When someone attempts to revoke your registered trademark.
• Other Non-Filing Matters – Includes legal consultations for trademark-related office actions and disputes.
How to Read and Utilize Your First Trademark Monitoring Report
Your quarterly report shines a light on two types of results: Federal Trademark Search Results provide comprehensive details about registered trademarks, as well as applications currently being reviewed by the United States Patent and Trademark Office. Common Law web search results show marks that may be commonly used in public, but are not currently federally trademarked.
Here's a breakdown of how to digest the outcomes of each section:
Our service scans the federal database to search for any possible infringements. Each result will contain the potentially matching mark's serial number, status and date filed. For each result within your report, there's a link to generate a customized cease-and-desist letter if necessary.
This report section will scour the internet for websites potentially using your mark. The service links every match in the report so you can investigate their usage yourself for potential infringements.
How to Handle a Trademark Infringement?
Trademarks offer exclusive rights to their owners, making it illegal for anyone else to use them without a license. A trademark infringement notice can be issued when a trademark is used incorrectly or illegally.
Through ongoing monitoring, monthly searches in the USPTO database and the web confirm that infringement on your trademark exists.
A cease-and-desist letter is the first action to take in response to infringement, serving as a formal demand to halt unauthorized trademark use. It's important to note that a cease-and-desist letter differs from an actual cease-and-desist order, which is formally signed by a judge and obtained by the court within a lawsuit.
The infringement may not be on purpose, and the infringing party may stop when notified by this letter that their actions violate your trademark. The infringing party may ignore the demand or take the position that they are not infringing. That's when you may consider a trademark infringement lawsuit.
Contact an attorney for a consultation after you've sent the notice and either received a response claiming the party will continue using your mark or you've received no response after a period of time. In your consultation, your attorney can guide you through the best next steps for your specific situation.
Have someone represent you if it's needed to take your case to court. An attorney can advise you about where you should file the lawsuit, the strength of your case, and advocate for you during this process.
Disclaimer: *The law firm responsible for the portion of this page constituting an advertisement is Swyft Legal, LLC who can be reached at [email protected]. Swyft Legal, LLC is licensed by the Arizona Supreme Court under license number 70173. All legal services provided in connection with the attorney-led trademark process are provided by Swyft Legal, LLC. Trademark Engine is an affiliate of Swyft Legal, LLC. Any consultations provided in connection with TTAB Proceedings or Trademark Disputes, which are provided by Kearney, McWilliams & Davis, PLLC located at 55 Waugh Dr. Ste. 150, Houston, TX 77007. Kearny, McWilliams & Davis, PLLC is not an affiliate of Trademark Engine, LLC or Swyft Legal, LLC and acts independently.
