These fixed rates do not include government filing fees. If your request goes smoothly, no additional legal fees will be charged. Complications can also arise during the publication phase. As indicated, all proposed trademarks that are not recalled are published in the Official Journal of the USPTO for thirty days.
During this time, third parties may file a pending notice of opposition to the trademark. Additional legal services would be needed to resolve an opposition. These services could include negotiating a settlement or litigating objections before the Trademark Trial and Appeals Board (“TTAB”). An opposition proceeding before the TTAB is similar to what you would expect from a lawsuit brought before a court.
As in a typical lawsuit, an initial plea is filed and the applicant has the opportunity to file a counterallegation. The parties will participate in a period of discovery that consists of the exchange of evidence and information. Eventually, the parties will submit a written test to the Board. As can be seen, an opposition is complex and will require dedicated and experienced legal representation. If your request faces opposition, you may be provided with a quote for legal services.
We offer a full range of TTAB testing services. Unlike filing a TEAS Plus trademark application, the normal TEAS application does not have the same strict filing requirements. If a business owner seeks to obtain international trademark protection under the Madrid Protocols, more costs will be incurred. Once you decide to file a TEAS or TEAS Plus trademark application, the USPTO will ask you to clarify the basis for your filing. You don't need to have a trademark to run your business, but owning a trademark provides you with legal protections, such as recognition of ownership in federal court, the right to file lawsuits related to your brand, and the ability to deter brand imitators.
During the examination phase, sometimes the problem can be resolved by modifying the proposed brand and modifying the request. First, let's look at what a trademark attorney does before looking at the current costs of hiring one for your intellectual property. However, since many of the filing requirements can easily be overlooked, it is recommended that you seek the advice of an attorney who is knowledgeable and experienced in the procedures for filing trademark applications with the USPTO. If you don't want to file a trademark application yourself, but don't want to bear the expense of hiring an attorney, an intermediate solution is to use an online legal service such as LegalZoom. It's also important to understand that once the trademark application is filed, that's just the beginning of the process.
The owner of a trademark may be in danger of having substandard products associated with their brand if the owner does not adequately protect their trademark. With each request, the owner must identify the class of products or services to which the trademark applies. If you communicate well and support your trademark attorney during the application process, you're more likely to work well together and file a good trademark application. The USPTO maintains a searchable online trademark database, called the Electronic Trademark Search System (“TESS”), which can be used by anyone. Regardless of which method you use, you can reduce costs if you file a strong brand application, meaning that it's not a descriptive name, such as Tasty Ketchup, or a location-based name, such as Chicago Pizza, or generic, such as Shoelaces, or existing brands, such as Bob's Greyhound Bus Line.
Business names and related logos are the most common type of trademark that small businesses request. The most nuanced and difficult issues arise with similar but not identical trademarks and with trademarks that are not used in connection with the same products or services.
