Trademarks

With more than 20 years of intellectual property law experience, attorney Sarah Walkington serves as a trusted advisor on trademark matters for a wide range of clients, including entrepreneurs, leaders of new and established businesses, inventors, designers, content creators, influencers, and online retailers. Sarah’s personalized approach and emphasis on providing cost-effective, high-quality trademark legal services provide value to every client. She assists clients with a full range of trademark matters, including:

• Advising on trademark eligibility and availability
• Preparing trademark applications and securing trademark registrations
• Conducting trademark knockout and clearance searches
• Responding to USPTO Office Actions
• Drafting and reviewing trademark-related agreements, such as consent agreements, licenses, and transfers
• Addressing trademark matters after registration, such as trademark maintenance filings, trademark monitoring, and enforcement

Trademark Registration

When you seek Sarah’s help with trademark registration, you’ll obtain a clear understanding of what to expect throughout the registration process. With Sarah’s assistance, you can trust that all the critical details will be addressed, leaving you with a sense of confidence and peace of mind. During the initial trademark registration consultation, Sarah seeks to understand your unique circumstances and objectives and provides invaluable counsel on the registration process and the legal protection it affords. She evaluates your trademark to ensure it meets registration requirements and conducts a thorough search to confirm no conflicts with any existing registrations or previously filed applications. After explaining your trademark search results and answering any questions you may have about your trademark, Sarah personally prepares your trademark application, reviews it with you in detail, and files it with the USPTO. She then represents you throughout the registration process, responding to Office Actions from the USPTO and making any necessary amendments to secure registration of your trademark. Sarah keeps you fully informed every step of the way, empowering you to make informed decisions on any issues that arise.

Trademark Searches

When choosing a new trademark, a trademark search can help assess the availability of the trademark for use and registration with the USPTO. Sarah offers both knockout searches and comprehensive clearance searches. A knockout search involves searching the USPTO trademark database for identical or highly similar marks, aiming to identify potential obstacles to your trademark registration. A comprehensive clearance search goes beyond the USPTO database and includes searches for state, common law, and potential international trademark uses. It not only uncovers marks that may prevent your registration but also reveals prior trademark uses that could limit the scope of your protection if successfully registered. Sarah carefully analyzes the trademark search results and provides thoughtful advice to help you make informed decisions based on the findings.

Trademark Office Actions and Amendments

After a USPTO trademark attorney examines your application, you may receive a letter from the USPTO called an Office Action. An Office Action addresses substantive or non-substantive issues and may provide reasons for refusing your registration. Timely response to an Office Action is crucial (usually within three months) to prevent abandonment of your trademark application. Sarah is skilled in handling all types of Office Action responses and can assist you regardless of whether she filed the initial trademark application. If Sarah filed the application on your behalf, she receives and guides you through any Office Actions, ensuring you understand the requirements and response deadline.

Trademark Maintenance / Post-Registration Filings

Following successful registration, required maintenance and renewal documents must be timely filed to prevent cancellation of your trademark registration. Sarah provides trademark maintenance services to ensure compliance with all future maintenance requirements to preserve your valuable trademark rights.

Trademark Agreements

Your trademark is an important and valuable business asset. Sarah’s services include assisting with trademark-related transactions, including drafting, reviewing, and recording trademark assignments and licenses, consent agreements, and other trademark-related agreements.

Trademark Monitoring and Enforcement

Sarah offers trademark monitoring services, to alert you if another party attempts to register the same or similar trademark with the USPTO or the USPTO identifies your registration as the basis for refusing to register another mark. If a potential infringement issue arises, Sarah provides cost-effective enforcement strategies, such as:

• Preparing Letters of Protest against pending trademark applications
• Recording your trademark with U.S. Customs
• Submitting trademark violations to Amazon Brand Registry and Google Adwords
• Issuing trademark infringement cease-and-desist letters
• Negotiating settlement agreements

If litigation becomes necessary, Sarah provides referral to a highly qualified IP litigation lawyer and offers litigation support services as part of her freelance IP practice.