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. During this period, challenges may be filed against the application in the form of an opposition to the trademark. Effective trademark registration provides a strong defense against potential disputes and can help manage the costs associated with trademark infringement. Navigating the world of intellectual property can be complex, especially when it comes to trademark infringements. Trademark disputes can arise unexpectedly and generate significant costs, affecting your company's results.
When you consider the average cost of a trademark infringement lawsuit, there are several components that contribute to overhead costs. Jurisdictions provide reliable guidelines on the award of trademark attorneys' fees and the rules for awarding them. of precautionary measures. Trademark rights differ from other intellectual property rights in that some limited rights are automatic within the established region of use.
To take a comprehensive approach to brand protection, Trademark Factory offers expert services to streamline the registration process and provide ongoing support. Intellectual property attorneys can review the situation, prepare and send this cease and desist letter, which is essentially a letter of demand addressed to the trademark infringer. The USPTO maintains a searchable online trademark database, called the Electronic Trademark Search System (“TESS”), which can be used by anyone. A thorough brand search ensures that your brand doesn't infringe on existing trademarks.
Once you've determined that your brand is likely being infringed, there are a few different application options you can use. Contact us for a quote based on your specific requirements and to find out the average cost of a trademark attorney. Larger companies may face higher overhead costs in trademark infringement cases, as they use top-tier legal firms and conduct extensive pre-trial investigations. If, for example, you sell products or provide services under a trademark to customers in Los Angeles (California), then you have what are called “common law trademark rights” in Los Angeles, but nowhere else.
There are several fee structures to consider when calculating the cost of hiring a trademark attorney.
