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 Hamilton, Ontario.
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 Hamilton, Ontario, 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 Hamilton, Ontario.
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 Hamilton, Ontario 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 Hamilton, Ontario, 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.
Hamilton | Ontario | Art | Community | Entertainment | ...
Hamilton | Ontario | Art | Community | Entertainment | Festivals & Events | Latest News | Music
From the last of the Halloween-themed thrills like spooky ghost tours to live concerts and family-friendly movie screenings, Hamilton’s weekend lineup is bursting with exciting things to do! Here’s what’s going on from Nov. 1 to Nov. 3:
Celebrate Hamilton Day: Exhibition Tour at McMaster Museum of Art
Celebrate Hamilton Day with a free guided exhibition tour at the McMaster Museum of Art. Join education staff for a tour featuring The Clichettes: Lips, Wigs and Politics, an exhibit blending performance art with feminist satire, and The Fairest Order in the World by Sameer Farooq, exploring museums’ colonial histories through mixed media installations.
Where: 1280 Main St. W. —McMaster Museum of Art, Alvin A. Lee Building (attached to Mills Memorial Library) When: 4 p.m. to 5 p.m. Cost: Free
Individuals are advised that the event is limited to 20 attendees and registration is required for those planning to attend.
Hamilton Woodworking Show – (Nov. 1 to Nov. 3)
Discover the latest in woodworking at the Hamilton Woodworking Show. Attendees can look forward to demonstrations, exhibits and a variety of tools and materials, perfect for hobbyists and professionals alike. A VIP Weekend Pass grants access all weekend and daily tickets are available at the door.
Where: 151 Caithness St. E., Caledonia, Ontario —Riverside Exhibition Centre, Caledonia Fairgrounds When: 10 a.m. to 5 p.m. Cost: $20.00 for VIP Weekend Pass (valid all weekend); daily tickets available at the door.
Fresh Up + Hamilton Day Concert: pHoenix Pagliacci with Ro Joaquim, Whitness, and James Favron
Celebrate Hamilton Day with an evening of live music featuring pHoenix Pagliacci, Ro Joaquim, Whitness, and James Favron. This 19+ concert at Mills Hardware offers a dynamic lineup of talented artists in a lively atmosphere.
Where: 95 King St. E. When: Doors open at 7 p.m. Cost: Free
Puppy Yoga (Family-Friendly & Adults)
Unwind with a mix of yoga and puppy cuddles at Puppy Yoga by Yoga Kawa, designed to relieve stress and improve mental health.
Where: 2751 Barton St. E. When: 6 p.m. to 7 p.m. Cost: $55.66
The Master Plan – (Oct. 30 to Nov. 16, 2024)
Experience a night of theatre with The Master Plan at Theatre Aquarius, a satirical play that explores the failed attempt to build a smart city in Toronto. This thought-provoking production delves into corporate drama and features iconic Canadian figures, bringing a unique perspective to the stage.
Where: 190 King William St. When: Times vary Cost: Prices start at $30
The Dirty Nil at The Music Hall
Rock out with JUNO Award-winning band The Dirty Nil as they take the stage at The Music Hall. Known for their thrashy riffs and powerful drums, the group delivers a finely-tuned rock performance that will have fans raising their hands in the air.
Where: 24 Main St. W. When: 8 p.m. Cost: General Admission $32.99
1st Annual Hamilton Women’s Expo
Join the celebration of Hamilton’s women entrepreneurs at the 1st Annual Hamilton Women’s Expo. Attendees can look forward to inspiring products and services and connect with local women-owned businesses.
Where: 1180 Barton St. E. —Royal Canadian Legion 58 When: 10 a.m. to 4 p.m. Cost: Free
Ghost Walks: Dundurn Castle and Ghost Bus Tour (Oct. 5 to Nov. 2)
Make it a night to remember with Hamilton’s Ghost Walks, which will lead you through some of the city’s most haunted spots. The Ghost Bus Tour includes chilling tales of ghosts and voodoo with stops at locations like Century Manor Asylum, Auchmar and the Custom House. Cap off the evening with an eerie tour inside Dundurn Castle, exploring the darker side of its history.
Where: Dundurn Castle, 610 York Blvd. When: Oct. 5 to Nov. 2 Cost: $34 per person plus applicable fees
Movies at Hamilton Public Library
Melanin Market Comedy Show Hamilton
This event features a Melanin Market with local art vendors, live country music by Jamila B and a comedy show with Black Zeus. Don’t miss this unique experience filled with laughter and entertainment.
Where: 27 Dundurn St. N. When: 6 p.m. to 11:30 p.m. Cost: $30
Bradley Hale at the Singer/Songwriter Showcase
Enjoy an afternoon of heartfelt country music with Bradley Hale at the Singer/Songwriter Showcase. Influenced by artists like Eric Church and Morgan Wallen, Bradley’s rich baritone voice and captivating lyrics bring a fresh take on country music.
Where: 339 York Blvd. When: 3 p.m. Cost: $30
Splash’N Boots concert
Join beloved children’s music duo Splash’N Boots for a joyful concert experience at The Westdale Theatre. The group’s latest album, Love-a-by, offers soothing love songs and lullabies to help build healthy bedtime routines.
Where: 1014 King St. W. When: 2 p.m. (Doors open at 1 p.m.) Cost: Starting at $30
Spencer Gorge Conservation hikes
Experience the stunning fall colours at Spencer Gorge this fall. Visitors can enjoy breathtaking views of Tew Falls, Webster Falls and the scenic Dundas Peak, which offers a cliffside overlook of the gorge.
Reservations are required to visit during this popular time of year. Guests can choose from the Dundas Peak & Tew Falls hike, the Webster Falls hike or the full Spencer Gorge hike experience.
Where: Harvest Rd., Dundas Time: Hike times vary. Visit here for more information.
Godspeed You! Black Emperor at Bridgeworks – (Nov. 3, 2024)
Catch the legendary post-rock band Godspeed You! Black Emperor live as their North American tour stops at Bridgeworks. Known for their transformative sound and iconic live performances, this is a show that fans and music lovers alike won’t want to miss.
Where: 200 Caroline St. N., When: Doors open at 7 p.m. Cost: General Admission $50 plus applicable taxes.
Their house is four years old, but a Fort Erie, Ont., couple say it was so badly constructed that they have no choice but to spend hundreds of thousands of dollars to tear it down."I can't stress how much our life is ruined, literally ruined, right now," Carolynn Mayers, 53, told CBC Hamilton."Every day we have to look at how hard we worked to get nothing."Mayers and her husband, James Durban, 51, sat in the bungalow's open concept living room next to a tidy kitchen, where they'd envisioned soon retir...
Their house is four years old, but a Fort Erie, Ont., couple say it was so badly constructed that they have no choice but to spend hundreds of thousands of dollars to tear it down.
"I can't stress how much our life is ruined, literally ruined, right now," Carolynn Mayers, 53, told CBC Hamilton.
"Every day we have to look at how hard we worked to get nothing."
Mayers and her husband, James Durban, 51, sat in the bungalow's open concept living room next to a tidy kitchen, where they'd envisioned soon retiring — she works in sales and he's a truck driver.
But those plans are on hold as they shoulder bills for lawyers and engineering specialists on top of their mortgage and day-to-day expenses.
"This is a situation I wouldn't want anybody to go through," Durban said.
They purchased the house in July 2021 from the original buyer, a year after it had been built as part of a 100-home subdivision by Marina Homes.
But after dealing with a host of problems, from leaking windows and roof to extensive water damage and persistent mould, they said they soon discovered an even bigger issue.
The foundation is not strong enough to support the house, an engineering firm hired by the couple determined earlier this year.
"It is recommended that the building be completely demolished," said the report seen by CBC Hamilton.
Mayers and Durban said they successfully claimed close to the maximum amount of coverage possible through Tarion — a non-profit organization that administers Ontario's new home warranty program.
The fixed, maximum amount, based on when the house was purchased by the first owner, is $300,000, said Tarion spokesperson Andrew Donnachie.
"We agree that the amount may not be sufficient to entirely remove a foundation, demolish a home and rebuild the home, however, based on our data, that is an exceedingly rare situation," Donnachie said.
The couple said it isn't enough money to tear down and rebuild their house, and they weren't able to reach an agreement with Marina Homes.
They said they had no other option but to sue Marina Homes, house designer Sandy Gull Zone and the Town of Fort Erie for $3 million. The couple filed the civil lawsuit over a year ago.
Mayers and James allege the town failed to ensure the home was designed and constructed in a way that meets provincial building standards before issuing building and occupancy permits.
All defendants deny responsibility and the allegations have not been proven in court.
Lawyers for Zone and the town declined to comment as court proceedings are ongoing.
In her statement of defence, Zone said while she provided architectural designs, the builder didn't construct Mayers's and Durban's home as she'd advised.
Jason Mangano, lawyer for Marina Homes, said in a statement the builder's top priorities are safety and quality, and it is "actively working to try to find a satisfactory resolution."
"They have strict protocols for building code compliance and work closely with engineers and inspectors to ensure that all homes constructed meet or exceed these standards," he said.
In its statement of defence, Marina Homes said the house was constructed "in a workmanlike manner" under the Ontario Building Code. Any damage or deficiencies is either caused by "inadequate" design or because of decisions the homeowners made, such as not maintaining or properly inspecting the property, and refusing to allow Marina to make repairs.
In their statement of claim, Mayers and Durban argue the $3 million will cover all rebuilding costs, plus "future financial loss as a consequence of the resulting market stigma."
As well, they argue they've also suffered physically, emotionally and mentally from "intolerable living conditions," including "toxic" mould, and mildew and stress, the statement said.
Health Canada says people living in homes with mould are more likely to experience eye, nose and throat irritation, coughing and shortness of breath. It may also lead to developing asthma, bronchitis and eczema, according to its website.
It advises that as long as moisture problems persist, mould will reappear even after it's treated.
Mayers and Durban say they shouldn't be living there for their own health and safety, but can't afford to rent another place as the bills pile up and their house remains unsellable.
"At times it's, 'Do we eat or pay the bills?'" Mayers said. "It's embarrassing, but we are praying and hoping this will create some awareness."
Durban added, "We are going to do our best to ensure this doesn't happen to anyone else."
The push to build more homes faster in Ontario is revealing cracks in the building, inspecting and buying process, said Karen Somerville, president of Canadians for Properly Built Homes, who did not comment specifically about this case but spoke generally.
The non-profit supports homeowners struggling with "serious construction issues" that violate the Ontario Building Code — a set of standards intended to protect public health and safety.
"What we're seeing in the past few years is an increase in the number of people approaching our organization for help," Somerville said. "They are usually in serious trouble."
When Mayers and Durban bought the house in 2021, it was a competitive market and they decided to forgo getting an inspection.
They felt at ease knowing the Town of Fort Erie had recently inspected and approved it for occupancy, plus they had the Tarion warranty if any issues arose, Mayers said.
It wasn't until the home was in their names that they learned the previous owner had made claims with Tarion for a range of repairs, including for mould, but not the foundation, the couple said.
However, if they had known of any claims before closing, "100 per cent we would not have bought this house," Mayers said.
But Tarion generally doesn't release claim history until after the transfer is complete, said Donnachie. Buyers can only get the information before the sale closes if the seller agrees.
The town said in its statement of defence that it found no building code breaches during its inspections and if they existed, "they were not reasonably discoverable."
Over the next two years, issues with water penetration and mould persisted, Mayers said.
While Tarion was working to determine the extent of damage, Mayers and Durban hired their own experts, including James Federico and Associates.
The engineering firm found "significant evidence of poor construction throughout," making the house "structurally inadequate."
The foundation isn't designed for the high level of groundwater under the house, hasn't been waterproofed and the concrete is weaker than what's allowed under the Ontario Building Code, says the report.
The foundation needs to be completely replaced, the firm recommended. The house could be lifted up and then put back down on new foundation — an expensive process — but as there are neighbours on each side, there's not enough room for the equipment.
CBC Hamilton spoke to two other homeowners who purchased houses by Marina Homes in the same subdivision. They said they've experienced serious issues with how their homes were constructed, but are reluctant to speak out and worried it will jeopardize their property values.
A pre-purchasing inspection report from 2021 for one of these homes across the street from Mayers and Durban indicated the foundation is in "poor" condition with cracks. Another inspection this year for the same house found water and moisture damage in the basement, as well as rotting wood and mould growth, said the report viewed by CBC.
Marina Homes, through its lawyer, did not directly address allegations from other homeowners who claim they've experienced issues.
CBC has not verified whether other homes in the subdivision have issues.
Marina Homes' Fort Erie development is listed on the Ontario Builder Registry as Marina (Green Acres) Development Inc.
The directory notes it failed to repair or resolve issues with homes in the subdivision 10 times as of March 31, which resulted in homeowners getting coverage through Tarion. The directory doesn't specify the properties impacted and doesn't capture every case, said Donnachie.
Marina Homes owes close to $60,000 in outstanding claims to Tarion, according to the directory. It has paid back just over $45,000.
There are no notices and orders, discipline history or court charges listed.
Ontario's Home Construction Regulatory Authority (HCRA) runs the directory and investigates concerns about builders' professional conduct.
Spokesperson Tess Lin said if HCRA learns of "a pattern of structural defects across multiple homes," it could prompt further investigation.
"The HCRA is aware of concerns about the builder in question," Lin said. "We are reviewing the situation but cannot comment further as the matter is ongoing."
Marina Homes did not provide a comment directly to CBC that addresses the Tarion claims posted on the directory or the HCRA reviewing concerns.
Marina Homes also owns a large, empty plot of land next to Mayers's and Durban's subdivision. The Town of Fort Erie declined to provide any details about what permissions Marina Homes has applied for to develop it, citing the ongoing court process.
Toronto-based real estate lawyer Blair Drummie, who has no connection to the couple's case, said the size of the Marina Homes development (over 100 homes) indicates it's a "major builder" and if it's not following the Ontario Building Code, "that's a pretty big deal."
He said the HRCA should add to Marina Homes' profile that a lawsuit has been filed against it.
"I think that would be a triggering event that the public would want to know about," Drummie said.
Mayers and Durban say something in the system needs to change, whether it's access to more Tarion coverage, transparency about past claims, scrutiny from municipal inspectors or disciplinary action from HRCA.
"It's been 20 years worth of my earnings going to fight a big giant who has millions of dollars and knows the average homeowner can only fight so far," Mayers said.
Samantha Beattie is a reporter for CBC Hamilton. She has also worked for CBC Toronto and as a Senior Reporter at HuffPost Canada. Before that, she dived into local politics as a Toronto Star reporter covering city hall.
With files from Sophia Harris
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