If you're an entrepreneur, you know that protecting your intellectual property should be high on your list when it comes to safeguarding your company. However, as a successful business owner, you also know the steps and costs of filing a trademark in the U.S. can be expensive and arduous.
This conundrum can be even more overwhelming for new business owners who want to do everything possible to minimize the price of securing trademarks. They try to handle complicated tasks like trademark registration on their own, which can be a big mistake - especially when juggling the day-to-day tasks of running a business. You may be thinking, "But what about those set-it-and-forget-it services you can find online? All you have to do is plug in your info, and you're done." Using pre-made templates for trademark filing can be tempting, but doing so can leave you with inadequate protection and hurt you in the long run.
So, what is the easiest, most cost-effective route to consider that also minimizes legal risk? The truth is, before you spend money on an online filing service, it's best to consult with a trademark attorney working with clients in Virginia Beach, VA.
At Sausser Summers, PC, our experienced trademark attorneys can help you understand the trademark process step by step. We can even help with U.S. trademark filing, U.S. trademark responses, and U.S. trademark renewals at a price you can actually afford. That way, you can make an informed decision regarding your business without having to break the bank.
Hiring an attorney can be a daunting task, but at Sausser Summers, PC, our goal is to make the process as simple and seamless as possible for you. That's why we offer a straightforward checkout service. First, you choose your flat fee trademark service and fill out a short questionnaire. Then, we will contact you within 24 hours to discuss the details of our service. From there, one of our experienced trademark attorneys will get to work on your behalf.
Using a trademark attorney for filing in Virginia Beach, VA, can significantly increase your chances of a successful registration. The U.S. government recommends hiring a trademark attorney to help with your application, and our team of trademark lawyers is dedicated to meeting your needs. In fact, we help ensure your application is filed correctly the first time so you can get on with your life and avoid legal risks.
At Sausser Summers, PC, we work closely with our clients to understand their needs and provide them with sound professional advice. We never offer incomplete services, such as simply filing for registration, because that would leave you open to legal risks. You can rely on us to handle your intellectual property matters, and our flat fee services can help protect your business in a simple, straightforward, and affordable way. It's really that simple.
In terms of filing a U.S. trademark, we provide an easy three-step process to protect your intellectual property:
1. You provide your trademark info to our team via an online form.
2. Our team performs a comprehensive trademark search. This search ensures that no other marks will prevent you from registering your trademark in the U.S. Once performed, we'll send you a legal opinion letter that details our findings.
3. Sausser Summers, PC, files your U.S. trademark application. We are then listed as your Attorney of Record on file. From there, we'll provide ongoing updates regarding the status of your trademark as it works through the registration process.
The bottom line? At Sausser Summers, PC, we give both new and seasoned business owners an easy, efficient, cost-effective way to protect the one asset that sets them apart from others: their name.
At Sausser Summers, PC, we give both new and seasoned business owners an easy, efficient, cost-effective way to protect the one asset that sets them apart from others: their name.
It's not necessary to be a lawyer in order to apply for a trademark. Anyone can submit a trademark application to the U.S. Patent and Trademark Office (USPTO). However, registering a trademark involves more than just filling out a form. It's essential to conduct thorough research, accurately identify and clearly explain your trademark to ensure it receives adequate protection. And even after securing a trademark, you've got to monitor it consistently to make sure it's free from infringement.
The big takeaway here is that it's always a good idea to work with a trademark attorney to protect the intellectual property that you've worked so hard to establish. According to the Wall Street Journal, applicants are approximately 50% more likely to secure their trademark than people who file applications on their own. If your trademark application is rejected by the USPTO, you will need to revise and refile it, incurring additional filing fees. To avoid delays and extra costs, it is best to have a trademark lawyer help you get it right the first time.
Great trademark attorneys (like those you'll find at Sausser Summers, PC) will help with every step of filing and enforcing your trademark. Some additional benefits include the following:
Check to see if your proposed trademark is registered by another entity.
Conduct research to see if another business is using the trademark for which you're applying.
Provide advice and guidance on the strength of your trademark.
Draft and submit your trademark applications and application revisions.
Advice and guidance regarding trademark maintenance and protection.
Monitor the market for unauthorized use of your trademark.
Trademark enforcement to protect you against infringement.
Curious whether our trademark attorney services are right for you and your business? Contact Sausser Summer, PC, today. Let's talk about what you need, and how we can help.
Online services, can provide you with basic assistance in filing your trademark. However, they will never be a legitimate substitute for an experienced trademark attorney helping clients in Virginia Beach, VA.
Although online filing services offer a step-by-step process, they take a one-size-fits-all approach to preparing legal documents. Even their advanced service only provides basic attorney assistance in completing your paperwork and helping with minor roadblocks. Online filing services' disclaimer highlights the many limitations of its services, including the fact that communications are not protected by attorney-client privilege. In addition, online filing services cannot provide advice, explanations, opinions, recommendations, or any kind of legal guidance on possible legal rights, remedies, defenses, options, selection of forms or strategies.
In other words, online filing services can offer you the necessary forms and point you in the right direction, but they cannot customize their services to your specific needs or help you with serious complications that may arise.
For the most comprehensive trademark service and protection, it's always wise to work with highly rated trademark lawyers, like you'll find at Sausser Summers, PC.
Trademarks in the U.S. can last indefinitely, but did you know that clients in Virginia Beach, VA can file a trademark online, only to lose protection in some circumstances? Trademarks differ from patents and copyrights in that they do not have an expiration date. However, to prevent the cancellation of a trademark, you must maintain it. To ensure that your trademark remains protected, you must actively use it in commerce and renew it with the USPTO every ten years.
The Lanham Act tells us that "use in commerce" is the legitimate use of a trademark in the ordinary course of trade. In other words, you cannot register a trademark solely to reserve the rights to it in the future. In most cases, a trademark must be used continuously in connection with the goods or services it is registered for.
Trademarks are registered with the USPTO and generally need to be renewed every ten years. However, there is one crucial exception that you should be aware of. Within the first ten years of owning a trademark, you must file for renewal between the fifth and sixth year from the date of your initial registration.
During this renewal period, you are required to submit a Section 8 declaration, a specimen that shows how the mark is being used, and pay the required fee. You can also apply for Section 15 Incontestability status, which can strengthen your trademark rights. This application, although not mandatory, can make it harder for others to challenge your ownership of the mark.
After the first renewal, which falls between the fifth and sixth year of ownership, the next renewal filing is due between the ninth and tenth year, and then every tenth year thereafter. In the ninth year you will need to file a Section 8 declaration, attesting to your use of the mark or excusable nonuse. You've also got to file a Section 9 renewal application before the end of the tenth year to keep your registration active.
It is worth noting that the USPTO provides a six-month grace period if you fail to renew your mark within the required time frame, but it is best not to rely on it. If you don't file within the grace period time limits, the USPTO will cancel and expire your mark.
By hiring trademark attorneys helping clients in Virginia Beach, VA, you can avoid the pitfalls and mistakes that can arise and cause you to lose your rights to the mark that represents it.
In the event that you stop using your trademark and have no plans to resume using it in commerce, it may be considered abandoned by the USPTO. This could result in the loss of your protective rights to the mark. Typically, a trademark is assumed to be abandoned if it has not been used for three years. However, you may be able to refute this presumption by providing evidence that you intend to use the mark again in the future.
In addition to trademark abandonment, you should also be wary of improper licensing. It's important to remember that once you allow someone else to use your trademark, you must keep an eye on how they use it. You should monitor the products or services that feature your trademark to ensure that they meet consumers' expectations in terms of quality. Failure to do so can lead to a "naked" trademark license and the loss of your protective trademark rights.
If you're wondering how you can avoid refiling your trademark, the answer is simple: file it correctly the first time around. Filing a trademark isn't inherently difficult, but when doing so, it's very important that certain aspects are filled out accurately in your application. If any information is missing or incorrect, the trademark application may be considered "void ab initio" or void from the beginning, requiring you to file again.
To avoid this, make sure that the information you provide in the application is accurate and complete, including the ownership of the trademark. For instance, if a corporation has multiple shareholders, it should not file under the President's personal name. The rightful owner should be the one/entity that ultimately controls the trademark and the associated goods/services.
It is also important to ensure that the goods and/or services description is precise. For example, if you sell electronic products, you should not file for research and development services despite having a research and development department. The goods/services description should reflect the goods/services you offer to customers, not the departments within your business.
Additionally, providing accurate dates of first use when filing for a trademark is crucial. The USPTO requires two dates to be specified - the date of first use anywhere and the date of first use in interstate commerce. Contact our trademark law office today to learn more about having accurate dates on your filing paperwork.
At Sausser Summers, PC, we often get questions about how to distinguish run-of-the-mill consultants and others from great trademark attorneys. After all - when you're looking for an attorney to file or prosecute your business trademark, you should know their qualifications. Here are three ways you can separate the proverbial wheat from the chaff when it comes to trademark attorneys.
It's crucial to seek legal advice from a licensed trademark lawyer rather than relying on advice from non-professionals like trademark consultants. The USPTO even recommends hiring an attorney to help with the trademark process. Although trademark consultants may provide advice on trademark availability or name marketability, they cannot file the trademark for you or offer legal advice. According to the Rules of Practicing in trademark cases, "Individuals who are not attorneys are not recognized to practice before the Office in trademark matters." This rule applies to individuals who assist trademark applicants.
When searching for a trademark attorney, it's important to find someone with a strong background in trademark law. Look for an attorney who specializes in this area and has significant experience handling trademark-related cases. Avoid lawyers who don't have expertise in this field, as they may not be able to provide the guidance and support you need.
Ensure your attorney provides updates throughout the trademark registration process to avoid missing deadlines, including responding to any Office actions within six months. Failure to do so can result in trademark abandonment. The USPTO will only correspond with the listed attorney of record, so make sure your attorney keeps you informed.
In summary:
Building your brand and gaining recognition for it is a significant achievement, and it's important to protect it. However, there are certain pitfalls and mistakes that can arise, causing you to lose your rights to the mark that represents it. By working with knowledgeable trademark attorneys, you can avoid these issues and file your trademark successfully.
With an A+ rating from the Better Business Bureau (BBB), Sausser Summers, PC, offers comprehensive guidance, strategic advice, and reliable representation for a variety of trademark matters. Our attorneys have years of real-world experience and, having registered countless trademarks with the USPTO, provide our clients with individualized representation when they need it most.
If you're looking for skilled, adept, and experienced counsel, look no further than our trademark law firm. Contact us today to schedule your initial consultation and learn how we can help you safeguard your brand.
The National Weather Service has issued a Winter Storm Warning for much of the Hampton Roads region from 7 p.m. Friday until 1 p.m. Saturday.Credit: wvecNORFOLK, Va. — The 13News Now Weather Team has declared Friday night and Saturday Weather Alert Days for the likelihood of winter weather this weekend.After our ...
The National Weather Service has issued a Winter Storm Warning for much of the Hampton Roads region from 7 p.m. Friday until 1 p.m. Saturday.
Credit: wvec
NORFOLK, Va. — The 13News Now Weather Team has declared Friday night and Saturday Weather Alert Days for the likelihood of winter weather this weekend.
After our first taste of winter earlier this week, we're watching another storm, and another round of snow this weekend. The calls for a southern storm that will bring wintry weather to coastal Virginia and North Carolina Friday night into Saturday morning.
Here's the setup: a low pressure system over the Gulf Coast will continue to track northeast and move across the area Friday night into Saturday. This system will be relatively weak and move through quickly, which will keep snow totals down just a bit. Precipitation is expected to start off as all snow after sunset Friday, and likely transition to freezing rain or rain across North Carolina, and eventually much of the area as the storm pulls offshore midday Saturday.
Snowfall totals look to be generally 1-2 inches across much of the area, with a heavier band of 2-4 inches across the Peninsula, Middle Peninsula, and Eastern Shore. If a heavier snowburst develops, some areas could see up to 6 inches. The locations of the highest amounts are dependent on where the heavier bands of snow end up. There is still some disagreement on where that will be. Across northeastern North Carolina and near the state line, some warm air will try to work it's way in, resulting in lower snow accumulations due to the precipitation mixing with or changing over to rain.
Credit: 13News Now
That said, the National Weather Service has issued a Winter Storm Warning for portions of northeast North Carolina and eastern and southeast Virginia from Friday at 7 p.m. until 1 p.m. Saturday.
A Winer Storm Watch is in effect for the same timeframe for Hertford County North Carolina, as well as Chesapeake, Suffolk, Virginia Beach, Norfolk and Portsmouth in Virginia.
Credit: 13News Now
VIRGINIA BEACH, Va. — The Virginia Beach City Council met on Tuesday, January 14, and included in their discussions was an update on the status of the “Something in the Water” music festival and its commitment to the city.However, it wasn't much of an update.Amanda Jarratt, Deputy City Manager for the City of Virginia Beach explained that some of the people involved in planning the massive festival have been directly impacted by the wildfires in California. Jarratt promised a "more robust" update nex...
VIRGINIA BEACH, Va. — The Virginia Beach City Council met on Tuesday, January 14, and included in their discussions was an update on the status of the “Something in the Water” music festival and its commitment to the city.
However, it wasn't much of an update.
Amanda Jarratt, Deputy City Manager for the City of Virginia Beach explained that some of the people involved in planning the massive festival have been directly impacted by the wildfires in California. Jarratt promised a "more robust" update next Tuesday.
Plans for the festival have been a point of contention since for a while. Festival organizers missed a Dec. 31 deadline to drop a lineup and start ticket sales. The deadline was a stipulation in a contract between the city of Virginia Beach and Something in the Water.
Watch previous coverage: SITW gets more time for lineup, ticket sales after council vote
After the deadline was missed, City Council voted last week to give festival organizers more time. They’re also requiring weekly check-ins — and Tuesday's was the first since then.
Councilmember Michael Berlucchi asked Jarratt when they will find out a date for a lineup release. Jarratt implied she hopes to have that answer at the next update.
Mayor Bobby Dyer talked about how he hears from local businesses that want this to work. He stated, “If we really take a look at things, we give grace to a lot of people." He added, “To me, it is worth the effort we are taking.”
Earlier on Tuesday, News 3 reporter Angela Bohon talked with some Oceanfront businesses. The general manager of the Moxy Hotel loves the idea of festivals coming in the “shoulder season.”
"You know, on those off-seasons, many of us are just trying to keep the lights on and stuff like ‘Something in the Water’ and ‘Point Break’ and what that means is critical for us," said Matthew Korgsund, Moxy Hotel's general manager.
Watch previous coverage: Virginia Beach, Oceanfront businesses hope to hear timely updates on SITW going forward
News 3 has been extensively covering the issue, especially due to its major economic impact in the city. Additionally, the festival has been a highly-anticipated event since Virginia Beach native Pharrell Williams launched the inaugural SITW back in 2019.
VIRGINIA BEACH, Va. — The new Dome down at the Virginia Beach Oceanfront is progressing to its final stage but it's not the only thing shaping up at Atlantic ParkFor now, the sounds of construction still fill the air down at the Oceanfront."Oh construction, it's been a hellscape," Dwayne Appleton, who runs Java Surf Cafe and Espresso Bar, said.Watch related coverage: New Virginia Beach Oceanfront wave park has local surfers stokedAppleton said he's dealt with construction projects ove...
VIRGINIA BEACH, Va. — The new Dome down at the Virginia Beach Oceanfront is progressing to its final stage but it's not the only thing shaping up at Atlantic Park
For now, the sounds of construction still fill the air down at the Oceanfront.
"Oh construction, it's been a hellscape," Dwayne Appleton, who runs Java Surf Cafe and Espresso Bar, said.
Watch related coverage: New Virginia Beach Oceanfront wave park has local surfers stoked
Appleton said he's dealt with construction projects over the last 10 years while operating on 19th Street.
However, soon construction will be wrapping up on the new Dome venue.
"Both roads and utilities and just all the trucks and whatnot will be over with, May or June of next year probably in May," Councilman Worth Remick, said. "The venue will open in May of next year as of last Thursday."
Already two acts have been named for the new Dome including Kevin James in June and Papa Roach in September.
Watch related coverage: Surf's up! Atlantic Park hits construction milestone as they 'bottom out' wave pool
Appleton who can remember going to the original Dome before it was torn down 30 years ago said he knows the new venue will bring more foot traffic to the Vibe District.
"So the construction for the sports center is the same thing it has helped just bottom line there are more people in town for those events," Appleton said. "We're definitely looking forward to the dorm opening up as another destination for the Oceanfront, we're very excited about it."
Atlantic Park is set to have retail spaces and restaurants along with the wave park.
On Tuesday city leaders approved two outdoor cafes to be part of the upcoming entertainment venue.
Watch related coverage: Virginia Beach officials say Oceanfront music hall 'The Dome' will be 'iconic'
This includes Mi Vida Virginia Beach and Grill Virginia Beach.
With more still to be announced, city leaders feel this will not only bring more people to the Oceanfront but to other parts of Virginia Beach.
"I like the term or phrase a rising tide lifts all boats because that tide will be rising and will be on site but I am sure it will be off-site in that neighborhood, in that area, the Vibe, the Oceanfront," Remick said.
The city said additional details on who the first act will be to break into the new Dome will be announced in the coming weeks.
VIRGINIA BEACH, Va. — Virginia Beach could soon see the return of its beloved strawberry festival, but its location may be a little different.On Tuesday, the Virginia Beach City Council voted to formally recognize "The Artery" as an official district that includes several businesses along the easternmost portion of Laskin Road—from just east of Birdneck Road to Atlantic Avenue.The district, which has been around for a few years, was founded by Jesse Wykle, of Aloha Snacks.Watch previous covera...
VIRGINIA BEACH, Va. — Virginia Beach could soon see the return of its beloved strawberry festival, but its location may be a little different.
On Tuesday, the Virginia Beach City Council voted to formally recognize "The Artery" as an official district that includes several businesses along the easternmost portion of Laskin Road—from just east of Birdneck Road to Atlantic Avenue.
The district, which has been around for a few years, was founded by Jesse Wykle, of Aloha Snacks.
Watch previous coverage: Pungo Strawberry Festival has been cancelled for the 5th year in a row. Here's why
Several restaurants and businesses make up the district.
Wykle told News 3's Jay Greene he plans to make the Artery a destination with its own identity, much like Norfolk's Neon District or the Beach's ViBe District that can be a venue for events.
"We're gonna throw great parties on Laskin road, and it's going to benefit local charities," he said. "We're going to raise money for charity, and we're going to support people in need."
Watch previous coverage: Historic Pungo Strawberry Fest cancelled, residents & businesses say that's 'a bummer'
Wykle also wants to resurrect the Pungo Strawberry Festival, which has been canceled for the last five years.
He's planning for an event in 2025.
"There's going to be a lot of strawberry vendors. We're going to do a beer collab with smart mouth pilot house," Wykle said. "We'll have bakers, we'll have vendors, we'll have bands, and we'll also have road closures along with open containers. We're going to call it a sip-and-stroll."
He said he wants the district to get a facelift with new bike racks and updated light posts.
Watch previous coverage: 2023 Pungo Strawberry Festival canceled, organizers say
Wykle told Greene that organizers are still trying to nail down an exact date for the strawberry festival.
"We want to make sure that we're not taking away from anything that's happening on a certain date in Norfolk or Virginia Beach," he said. "There's always going to be some fun stuff. And we want to be able to work with any city official to make these, these opportunities are accessible."
As far as a name for the festival, Wykle believes it should honor the event's past and present.
VIRGINIA BEACH, Va. — Camden Hoover, a 17-year-old from Virginia Beach, has been in over 150 surf competitions since she was 5.“My dad taught me how to surf. He had me surfing before I could swim. I had a little life jacket on and he'd just pick me up and plop me right back on the board,” said Hoover.To Camden, surfing is not just a hobby. It's a way of life.“You’re flying down the wave and there's water. It's a magical feeling. It's hard to describe it.” said the surfer.W...
VIRGINIA BEACH, Va. — Camden Hoover, a 17-year-old from Virginia Beach, has been in over 150 surf competitions since she was 5.
“My dad taught me how to surf. He had me surfing before I could swim. I had a little life jacket on and he'd just pick me up and plop me right back on the board,” said Hoover.
To Camden, surfing is not just a hobby. It's a way of life.
“You’re flying down the wave and there's water. It's a magical feeling. It's hard to describe it.” said the surfer.
Watch previous coverage: Wave machine in construction for Virginia Beach's Atlantic Park project
So when talk of a wave park at the Oceanfront surfaced, Camden and other surfers, young and old, were excited.
The surf park is Beach native Joe LaMontagne’s baby. He got the idea from surfing at other surf lagoons. He felt like Virginia Beach, with its small and unreliable waves, needed a place like this.
“To have a place where you can train, surf waves on demand, is going to be very important to aspiring surfers in our area, people who want to go professional one day,” said LaMontagne.
Watch related coverage: Virginia Beach officials say Oceanfront music hall 'The Dome' will be 'iconic'
The 2.6-acre wave lagoon is part of the Atlantic Park project, a $350 million entertainment venue backed by singer and Virginia Beach native Pharrell Williams.
“It's very gratifying to see this passion come to life. This was always for my kids and all the kids that are aspiring surfers that want to grow up surfing,” said LaMontagne.
Kellam High grad and lifelong surfer Alec Yuzhbabenko is the lead architect on the Atlantic Park project. He says the wave park is for surfers and non-surfers alike.
“It's actually one of a kind in North America. It's the first of its kind in an urban environment capitalizing on the surf culture that's already here,” said Yuzhbabenko.
Watch related coverage: What's in the sponsorship agreement between Virginia Beach and Something in the Water?
He went on to say, "There’s a warming pool on the side, loungers, beach chairs. You can rent a cabana for the day and even if you’re not surfing, you can partake throughout this experience."
Set to open in spring of 2025, the wave lagoon will be operated by Beach Street USA.
“We’ll actually have seven different wave levels, from beginner up to a pro-level session,” said Blake Hess of Beach Street USA.
“It’s the best thing in the world. You can try something over and over until you get it right. You might not get that opportunity on a wave in the ocean because it's never the same wave,” said Hoover.
Made by locals for locals, the Atlantic Park Wavegarden is totally gnarly and positively Hampton Roads.