Done! We will electronically file your application and send you a filing receipt from the United States Patent and Trademark Office. You and others will be able to see your mark on the official government website!
Trademark Search and Filing Pricing
|Trademark Processing Fees||Cost (USD)|
|1||Trademark application preparation and search for direct conflicts on United States Patent and Trademark Office database||$500|
|2||Common law and state trademark search||$600|
|3||Global trademark search||$900|
Protect your investment. Protect your market share. Protect your hard work. Protect your customer base. Increase your sales and consumer recognition through branding.
There are many registration companies that offer registration services at prices that are less than an attorney. Why should I use an attorney?
Applications can be filed, but then they also have to be prosecuted. Only licensed attorneys can prosecute trademark cases on behalf of others. After the application is filed, there are additional steps in the process. This process includes “prosecution” and “issuance.” Are your prepared to conference with the Trademark Examiner about the legal issues in your case? Are you prepared to prepare a legal response to an office action rejecting your application? Are you prepared to correct any formalities or deficiencies in the application? Are you prepared to file a specimen and Statement of Use? Using an attorney can give you peace of mind that a trained professional is there when these issues arise.
Paper trademark applications cost $375 to file. Our office is set up for electronic filing of trademark applications. Electronic filing saves $50 - $100 over paper filing. Other benefits? Yes! Professional advice and assistance in the description of goods and services will get you the broadest protection, as well as the lowest possible filing fees.
Time is money. Electronic filing allows our office to receive trademark office actions electronically. Our office receives them the same day they are issued. We can move your case through prosecution expeditiously.
We can forward Trademark Office communications to you and docket them in just a few minutes. No more opening the mail, photocopying,scanning, and hardcopy filing. This translates to both efficiency and reduced legal fees.
Electronic filing also allows us to quickly prepare responses and amendments in a fraction of the time paper responses take. No more cover letters to the Trademark Office. No more check writing. No more Express Mail costs. Efficiency for us. Efficiency for you.
As soon as you start using a mark in commerce, you have certain trademark and unfair competition rights. You do not need to federally register a mark to have those rights. You may wish to register the mark at some time in the future because you have stronger, more enhanced rights by doing so. However, some marks can not be registered because they are classified as generic. Some marks may be immediately protected because they are classified as fanciful or arbitrary. Some marks are classified as descriptive and can only be registered when they have “secondary meaning” or consumer recognition. Some marks are classified as suggestive and can likely be registered without proving “secondary meaning.”
Do you know how your mark might be classified? If you have not yet started using the name or logo, you might benefit from some legal advice on what you might be able to do in order to increase the likelihood of registration in the future and greater ability to enforce the mark over the years.
Easy 5 step process to review your business name, logo, product name, or slogan for trademark protection issues
WARNING! THIS IS NOT A TRADEMARK CLEARANCE SEARCH AND NOT INTENDED TO IDENTIFY WHETHER YOU ARE POTENTIALLY INFRINGING THE MARK OF ANOTHER.
- Hire us and provide us the information required for reviewing your business name, logo, product name, or slogan in an easy to complete questionnaire format. The form may be downloaded and printed or completed online. You may e-mail it, fax it or mail it.
- Provide us a sample of the business name, logo, product name, or slogan.
- Decide whether to have an optional common law, state, federal or global search for potentially similar marks. We will advise you of potential issues that may exist with other marks.
- Our office will prepare an opinion and identify any issues that we uncover. We will contact you by telephone, Skype or e-mail if we or you have additional questions.
|Trademark Review Fees||Cost (USD)|
|1||Review for potential classification and registration issues (one class of goods or services)||$99|
After filing a U.S. application, you may be interested in filing an international application to extend protection to other countries. You have many options available.
Some countries offer broader protection than the U.S, or offer protection on a broader scope of goods and services than the U.S. Trademark Office. In those circumstances, it may be advantageous to file directly with the trademark offices in those countries rather than to base your international protection on your U.S. Trademark application.
In some cases, regional trademark applications may be filed for a group of countries. For example, the European Union can process trademark applications for all participating European countries in a single office. This may be a viable route if your seek rights in a particular region rather than filing in a multitude of separate national offices.
The Madrid Protocol is a treaty where participating countries have agreed to standardized application and processing rules that allow the filing of a single application in a single language with a single filing fee in your home country. You can designate the participating countries where you would like to seek trademark protection and that single application will be effective just as if you filed it in each designated country’s trademark office separately. If the trademark office of a designated country does not refuse protection within a specified period, the protection of the mark is the same as if it had been registered by that Office. A lawyer in your home country can do this work in your home country’s trademark office. This can be beneficial for many people.
The Madrid system also simplifies greatly the subsequent management and maintenance costs of the mark, since it is possible to record subsequent changes or to renew the registration through a single procedural step.
It is important to understand, however, that each country’s trademark office will review and act upon the application, at times refusing the mark based upon a mark already registered in that country or because local legal standards for eligibility are not met by the mark. Therefore, it may be necessary to hire local counsel in foreign countries to help argue your trademark case in a process called “prosecution.” In some sense, costs are delayed more than they are avoided in these situations.
There are more than 70 participating countries, including Japan, China and Europe. Countries of interest that do not participate in the Madrid Protocol include our neighbors, Canada and Mexico. Other countries that are notable for not participating include Hong Kong, Taiwan, India, Israel, South Africa, New Zealand, Philippines, and South American countries.
Our office can assist with filing of Madrid Protocol international applications and through direct foreign applications in particular countries or regions through local attorneys in foreign countries. Go global!
You have developed, with hours, months, or even years, of blood, sweat and tears in a business plan. You probably made a significant investment to launch the new venture. It revolves around a brand concept, a slogan, a jingle/song or some other consumer recognizable indicia. You can’t sleep at night, wondering if someone else has used the mark and if you would unintentionally be infringing someone else, wondering if you can successfully create customer loyalty in your new brand, and wondering how to protect your investment from unfair competition. You consider registering your rtademark as a possible solution to some of these worries.
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When going to the store shelf, the phone book or the internet, how will customers find you? What do they associate with your specific brand of goods or services?
- Is it a catchy slogan?
- Is it a trendy company name?
- Is it an eye-catching logo?
- Is it a harmonious theme color scheme that cross all of the products in your line?
When you identify that thing that makes customers think of your brand, that is what you will want to protect. (In some cases, it is more than one of these things.)
A trademark is the way to protect it.
When you file a trademark application, the filing date is the date that is considered for constructive notice to the public and gives the applicant priority in the mark except as to prior users or applicants.
Once registered, trade marks cannot be used by anyone else for the same goods or services for which the trade mark is registered. If they are, then the companies can take immediate action to prevent further abuse and can seek compensation for any damage to their reputation.
Registering a mark in the U.S. as your home counrty enables you to seek foreign protection for the mark in many countries. This may be important if you unexpectedly, or intentionally, “go global.” You may desire protection in countries outside the U.S. where you have signifcant product sales.
If your mark is not adequately protected at the national level, and notice is not given to the public of your claim in the mark, someone else may establish rights in a similar mark in a remote area of the country. Would you know about it? How could you prevent it? What could you do about it?
- How much will it cost you if someone uses your mark?
- How much will it cost to get new stationery, new packaging and advertising materials?
- How much will it cost in time, effort and money to establish a new customer connection with a revised brand name or logo?
- How many lost sales will there be during this transition time?
The second user need not have an intent to interfere with your mark. Frankly, the second may simply be unaware of your local mark. Think about it. It is not really that unforeseeable. Someone thinks of a trendy brand name “Bling!” in Rochester, New York. Then, another person clear across the country in California thinks of a similar name, “iBling!” completely unaware of the other Rochester mark. Now, one of them wants to expand into a national market over the internet. Now, two brand names that are similar are out there for customers in areas where both companies are marketing. No one wants to end up in this quagmire. Do you?
As you can see, website have made national marketing easy and available to every business. In some senses, this makes trademarks even more important in this internet world. You want to be sure there are not confusingly similar marks that may cause your customers to mistakenly find your competitor.
The internet presents another consideration for those developing brand and company names. Uniqueness is key. If you pick a common name, someone may create a website with a domain name that is similar to your brand name, making it difficult for customers to find you online. Today, many businesses have websites. Some people don’t consider you legitimate unless you are on the internet. Picking a name that allows customers to find you easily is more of a factor to consider than it was a decade ago. Thus, our office always advises clients just beginning a new venure to do an internet search on the name, as well as close spellings and misspellings, before they invest a large sum in a new brand, product or company name. Eventually you may want the associated dot com. Know if it is available before you launch forward. Know if there are similar domain names with, for example, .org, .biz, .ca, etc. It costs much less to change the name before you are too far into the business plan!
Consider registering the mark AND a mark for the related domain name if you believe this will be an important market for your business. Sometimes, the domain name may not be registered until there is “secondary meaning” or customer recognition, so you may need to develop a plan that includes several steps to trademark protection.
How do customers recognize one product from the others available in the marketplace?
- Brand names
- Store or product line names
- Packaging/trade dress
- Shapes/designs of products
You have invested, or are about to invest, significant sums of money in developing a website, printing business cards, pamphlets and stationery, and have developed a marketing plan based on some or all of these.
What can I register as a mark?
- Letters, numbers and words,
- a combination of words and logo,
- product shapes and designs, and