A letter to trademark clients explaining why to federally register their trademark

Dear Client:

I have suggested to you that having a US trademark registration would be valuable to your company.  Let me explain.

A trademark is used to help potential customers distinguish between you and your competition.  You have a highly unique and protectable trademark- "ABC".  Since you have a great trademark, potential customers and customers easily remember your name and this creates repeat sales.

So, why is it advisable to seek a US federal registration?  Primarily because people will try to copy your name in order to confuse potential and actual customers.  This diverts sales from you.

A federal registration covers all companies operating in the entire U.S.  The registration significantly strengthens your ability to stop imitators by giving you greater rights, enhanced damages and limiting the legal defenses of companies copying your mark.  These rights scare off many copycats before they copy you.  And, if they copy you without knowledge of your trademark, we will inform them of your registration.  After copiers are told we have a federal registration in my experience many copiers will give up once they know you have a federal registration.

After 5 years of being registered, if no party contests your mark after registration, the mark becomes “incontestable” under law.  Then, your registered trademark is "conclusive evidence of the validity" of the trademark.  This is very strong protection and a great competitive advantage.  I could say it in more complicated terms but I think this best explains it.

We would not need to do a search if you would like to save some money.  A search combined with my legal review and opinion costs about $1000.  In its place, I could do a fixed price search of the US Trademark Office database for $300.

The remaining costs are:

• $325 filing fee with US Trademark Office
• $700 flat fee to prepare and file the trademark application
• My hourly time after this. I will offer you my reduced rate of $325 per hour. In my experience, this additional time would be about 1 hour unless there is an unexpected problem.  The trademark search is the best method to assess if there may be a problem with the application.

If you would like my law office to help you I would be delighted.

Thank you.

Signed, Charles B. Brown Attorney

CorpLaw Associates LLC is a law firm of experienced business attorneys who deeply understand their clients’ businesses and who use best practices to achieve their clients’ business goals. The firm provides full support for businesses. For clients who need on-site legal help, CorpLaw is one of only a few firms that specialize in this model. Their mailing address is CorpLaw Associates LLC, 400 Central Avenue, Suite 150, Northfield, Illinois 60093. They can be contacted at 847.784.1300 or at firm@corplaw.com. Their web address is www.corplaw.com.

About Charles Brown

Charlie is an accomplished senior business legal adviser, having represented boards and executives at public and private businesses in diverse industries nationally and internationally for 24 years. He has held senior Law Department roles in major companies, including as General Counsel. While specializing in IP (patent management, trademarks and trade secrets), he counsels company boards and executives in the U.S. and abroad in a wide range of business issues. Charlie has served in leadership roles in the Chicago Bar Association and the Association of Corporate Counsel. He is active in civic affairs. Charlie’s e-mail address is charlie@corplaw.com.