ALERT: Due to the significant increase in new trademark applications, the USPTO is experiencing processing delays. Click here for more details.

NexTrend Legal

Welcome to NexTrend Legal

Trademark Attorneys

NexTrend Legal is a trademark law firm representing clients nationwide and internationally. Our trademark attorneys provide federal trademark services to businesses of all sizes, start-ups, franchisors, inventors, product developers, online sellers and entrepreneurs.  Trademark services include trademark search & clearance, trademark registration, trademark monitoring, USPTO office actions, trademark renewals and more.

NexTrend Legal2023-04-25T10:51:35-04:00
Amazon Brand Registry

Trademarks For Amazon Brand Registry

To be eligible for Amazon Brand Registry®, your brand must hold an active pending trademark or an active registered trademark issued by the United States Patent and Trademark Office (USPTO).  Amazon Brand Registry will accept pending or registered word marks, design marks or word plus design marks. Your brand’s trademark must also appear on your products or packaging.

Walmart Brand Portal

Trademarks For Walmart Brand Portal

To be eligible for Walmart Brand Portal, your brand must have an active registered trademark issued by the United States Patent and Trademark Office (USPTO).  Unlike Amazon Brand Registry, an active pending trademark application will not be accepted.  At this time, Walmart Brand Portal only accepts brand owners with US Trademarks registered with the USPTO.

eBay VeRO Program

Trademarks For eBay VeRO Program

To be eligible for eBay Verified Rights Owner (VeRO) Program, members must demonstrate that they are owners of intellectual property. The best evidence will be proof of an active registered trademark issued by the United States Patent and Trademark Office (USPTO). eBay VeRO Program allows registered trademark owners to report counterfeit or infringing listings to eBay.

Product & Service Industries We Represent

Trademark Registration Services

Federal trademark registration is more important than ever as we move forward into an increasingly online, e-commerce business environment.  The premier online retailers, such as Amazon, Walmart, eBay and Etsy, either require or strongly encourage online sellers to register their brands.  Our law firm assists businesses and entrepreneurs with clearing and registering their trademarks  – business name, product or service name, slogan, tagline, logo or brand design – with the United States Patent & Trademark Office (USPTO). Federal trademark registration on the USPTO Principal Register provides nationwide rights in a trademark and a number of other significant advantages over state and unregistered trademarks.

Do You Need To Register Your Trademark?

A trademark is any word, phrase, symbol, design, or combination thereof that identifies your products and/or services and distinguishes your brand from your commercial competitors. Establishing brand recognition in the marketplace through strong trademarks is one of its most important and valuable assets of any business. Federal trademark registrations issued by the USPTO confer significant legal advantages to a trademark owner, including nationwide priority and exclusive rights in the trademark. If you or your business would like register one or multiple trademarks with the USPTO, our trademark attorneys can assist!  Please do not hesitate to give us a call or fill out our contact form.  There is absolutely no charge to schedule an initial consultation with one of our trademark attorneys. *The average fees estimated below include USPTO filing fees.

Below are the 3 most requested trademark legal services

Search & Registration

$950Average Fee
  • Our trademark attorneys will conduct a comprehensive search of all state, US territories, and federal trademark databases to determine if your trademark is available for federal registration. We will provide you with a detailed trademark search report and analysis of any potentially conflicting trademarks.
  • Consultation w/ Trademark Attorney & Filing of Trademark Application
  • Trademark Tracking & Responding to Standard USPTO Inquiries

Trademark Monitoring

$275Quarterly
  • Our trademark attorneys will monitor all new state and federal trademark filings for similar or identical applied-for trademarks. We will provide you with a detailed trademark search report and analysis of any potentially conflicting (or infringing) trademarks, including options to oppose conflicting applications.
  • Consultation w/ Trademark Attorney To Discuss Conflicting Marks
  • Filing Extension of Time to Oppose & Trademark Tracking

Trademark Renewals

$$975Average Fee
  • Our trademark attorneys will review all appropriate information regarding the trademark registered with the USPTO and its renewal requirements and deadlines. We will select the appropriate evidence to show the USPTO continued use of the trademark in commerce with the specified goods or services.
  • Consultation w/ Trademark Attorney To Discuss Trademark Renewal
  • Responding to Standard USPTO Inquiries & Trademark Tracking

USPTO Office ActionsUSPTO Office Actions

Under Trademark Law, there are numerous grounds in which the United States Patent and Trademark Office (USPTO) may refuse registration of a trademark. When a trademark applicant is refused registration, the USPTO will issue an what is called an “Office Action.” An Office Action is an official letter sent by the USPTO whereby the examining attorney will list in detail any legal problems with your trademark or the trademark application.  Office Actions often require a written response to resolve legal issues before the trademark will register. If you have been issued a USPTO Office Action, contact us to see how we can assist!

USPTO Office Actions

Were You Issued A USPTO Office Action?

The USPTO may issue several different types of Office Actions in connection with your trademark application, such as a likelihood of confusion refusal, surname refusal, a geographic refusal or a descriptive refusal. An Office Action is an official letter sent by the USPTO whereby the examining attorney will list in detail any legal problems with your trademark or the trademark application. Office Actions often require a written response to resolve legal problems before your trademark will register. If you have been issued a USPTO Office Action, our trademark attorneys can assist!

Important USPTO Update: As of December 3, 2022, trademark applicants have only three (3) months to respond to office actions issued during the examination of trademark applications filed under sections 1 or 44. Applicant’s may request one three-month extension per office action for an additional $125 filing fee.

Below are the 3 most common reasons why trademark applicants are issued USPTO Office Actions

Likelihood Of Confusion

$750Average Fee
  • The USPTO will refuse registration for an applied-for federal trademark if the examining attorney reaches the conclusion that the applicant’s mark, as used on or in connection with the specified goods or services, so resembles a pending or registered mark as to likely cause confusion.
  • Review of USPTO Office Action & Client Meeting to Discuss the Same
  • Develop & Draft Arguments in Response to USPTO Office Action

Descriptive Refusal

$750Average Fee
  • The USPTO will refuse registration for an applied-for trademark if the examining attorney reaches the conclusion that the applicant’s mark merely describes (or misdescribes) an ingredient, quality, characteristic, function, feature, purpose, or use of the specified goods or services.
  • Review of USPTO Office Action & Client Meeting to Discuss the Same
  • Develop & Draft Arguments in Response to USPTO Office Action

Surname Refusal

$750Average Fee
  • The USPTO will refuse registration for an applied-for trademark if the examining attorney reaches the conclusion that the applicant’s mark is primarily merely a surname, when viewed in connection with the specified good or services, is the primary significance of the mark as a whole.
  • Review of USPTO Office Action & Client Meeting to Discuss the Same
  • Develop & Draft Arguments in Response to USPTO Office Action

Want To Learn More About Trademark Selection?

A trademark or service mark is any word, phrase, symbol, design, or combination thereof that identifies your products and/or services and distinguishes your brand from your commercial competitors. Registered federal trademarks come with a bundle of rights that are enforceable against competitors, trademark infringers, product counterfeiters, and other dubious individuals seeking to profit off of a brands recognition in the marketplace. However, not every word, phrase, symbol, or design can be registered with the USPTO. For example, if a trademark is too confusingly similar to another trademark, is a descriptive or generic term, is primarily a surname, is functional, or is used in only a decorative way, it may not registrable. Speaking to a US trademark attorney about the trademarks you would like to register with the USPTO will help you determine whether your trademarks can be legally protected. Our trademarks attorneys are available to assist!

Frequently Asked Questions

Myth – A Trademark Registration Covers All Goods & Services

A common myth or misconception about federal trademark registration is the belief that once a trademark is registered with the United States Patent and Trademark Office (USPTO), it will cover all goods and services across all trademark classifications. [...]

Myth – USPTO Trademark Registration Is Mandatory

A prevalent myth or misconception surrounding trademarks is the belief that a federal trademark registration issued by the United States Patent and Trademark Office (USPTO) is mandatory to protect a trademark. This misunderstanding may arise from a lack [...]

Myth – Trademark Registration Grants Worldwide Protection

A USPTO-issued federal trademark registration only provides protection within the United States. To protect your trademark in other countries, you need to register the trademark in each jurisdiction where you want protection. One common myth or misconception regarding [...]

How To Report Trademark Infringement on Amazon

Trademark infringement on Amazon occurs when a third-party seller uses a trademark that is identical or confusingly similar to a registered trademark belonging to another party. Some examples of trademark infringement on Amazon include: Selling counterfeit products: [...]

How Does Amazon Brand Gating Protect Your Products?

Brand Gating refers to a process used by Amazon to control and limit the number of third-party sellers that are allowed to sell a particular brand's products. This is done to ensure the authenticity of the products being [...]

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