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What is a descriptive trademark?
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A trademark is considered to be descriptive if it describes the product or service, or if it describes...

Trademark Attorney

daniel-kirshnerWhat is a trademark? Simply put, a trademark is an identifier of the origin or source of goods and/or services. Common examples of trademarks are brand names (e.g. Coca Cola for soda, Kodak for film, United for airlines, etc.), slogans that are used to identify products or services (e.g. I’m Lovin’ It for McDonalds, Finger Lickin’ Good for KFC, etc.), logos (e.g. the Nike swoosh, etc.) As this relates to your blog or bulletin board, perhaps you have a slogan or tag line, or the name of your blog which identify you and your blog. These are your trademarks, and can be valuable property.

The Law Office of Daniel Kirshner provides complete trademark search and trademark registration services in an expert and economical manner. As one of the United States’ foremost trademark law firms, we can help you in protecting your business name, brand and logo. Our services include, but are not limited to, a search of U.S. Trademark Office records of all registered, pending, expired, canceled or abandoned trademarks and service marks.

We can also have an in-house trademark attorney available to prepare the federal trademark application on your behalf. The legal fee is charged on a flat-fee basis, so you will never be surprised by any legal bills from our office. We have successfully obtained many hundreds of U.S. trademark registrations for our clients in nearly twenty years of practicing trademark law.

Do you really need to have a trademark attorney file an application to register your trademark? The simple answer is no, you are not required to hire an attorney to file an application to register a trademark with the USPTO. You are permitted to file an application yourself and the filing can be done electronically. The better question is this. Is it advisable to represent yourself at the USPTO? An experienced trademark attorney can advise you with respect to the particular needs of the case. Furthermore, in many cases, it ends up being less expensive to hire a trademark lawyer to file the application properly at the outset, than to pay the lawyer later to amend an application that was improperly filed. Furthermore, a properly filed application is more likely to result in a trademark registration that issues at an earlier date that an improperly filed application. Moreover, often, the Trademark Examiner prefers to deal with a trademark attorney rather than a pro se applicant who is not familiar with the law and the process and who tends to be more emotionally involved with the case. Finally, if your application is so filed sufficiently incorrectly, it may result in the application being denied and no registration resulting.

Please call or fill out our contact form today for more information regarding our trademark search, application, and filing services.

Daniel S. Kirshner. Attorney Profile.

Daniel Kirshner has been practicing trademark law since 1995. In that time, I have obtained hundreds of Federal Trademark Registrations for my clients. I pride myself in my personal relationships with my clients. You will deal directly with me, not an associate lawyer, paralegal or secretary. All phone calls are taken by the attorney, or returned promptly. In addition to performing trademark searches, and obtaining Federal Trademark Registrations, I can assist you if you need help responding to an Office Action, have received a cease and desist letter, need to stop another from infringing your trademark rights, or are involved in a cancellation or opposition matter at the United States Patent and Trademark Office.

I offer a no-fee, no-obligation telephone consultation. Please feel free to call my office business days, between the hours of 8:30 and 4:00, Eastern Time to discuss your trademark matter. If you are filing an application to register a trademark, or would like to discuss any other trademark matter, please feel free to call. Once again, there is no fee and no obligation for up to a twenty minute telephone consultation.

  • Mr. Kirshner is registered to practice before the U.S. Patent and Trademark Office, registration number 38,516.
  • Mr. Kirshner is a licensed attorney in New Jersey and is licensed to practice before the United States District Court for the District of New Jersey.
  • Mr. Kirshner earned a Master of Intellectual Property from the Franklin Pierce Law Center.
  • Mr. Kirshner has extensive experience performing trademark searches and obtaining trademark registrations and patents at the U.S. Patent and Trademark Office.
  • Mr. Kirshner has obtained hundreds of trademark registrations and utility and design patents for his clients.


There are several types of United States Patents. The two most common types are utility patents and design patents.

About Patents

Trademark Search

It is wise to have a trademark professional perform a trademark search to clear the use the of the mark.

About Trademark Searches

Trademark Application

The first step in the process of filing an application to register a trademark is typically clearance of the mark.

About Trademark Applications

Trademark Registration

We offer a flat fee service to search the Federal Trademark Register and offer an opinion as to the availability of a mark.

About Trademark Registrations