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. The intention to use a trademark application involves additional costs. The two main costs associated with this type of trademark application are the filing of a statement of use showing how the trademark is used and the fees for filing an extension if you need more time to prove that you have used your trademark. Because cheap online filing services aren't law firms, they can't offer legal advice.
This means that the presentation service will keep your money regardless of whether your brand has problems or not. In addition, they won't alert you to simple issues that can turn into big problems later on. They also leave you alone during the trademark registration process. And since most trademark applications run into a problem during the trademark registration process, you won't have the help of the filing service. They also won't warn you or help you with regard to the most common trademark scams.
Smart business owners avoid them by being proactive. That means searching for suitable trademarks and getting the right legal help. It involves presenting your brand early. In other words, a trademark lets consumers know that the products or services come solely from you and not from someone else. In general, a trademark attorney can help you by simplifying the entire application and maintenance process, with fewer potential errors than if you had done it yourself.
If you are seeking international protection for your trademark and registration, talk to an attorney to develop the appropriate strategy. These additional fees are mandatory for continued use and are part of the long-term cost of owning a trademark. A good lawyer helps you avoid common problems, deals with any issues that arise, and keeps your trademark safe from others who may try to copy it. This is because an exhaustive search can help identify potential conflicts with existing trademarks, allowing you to decide if you want to continue with your trademark registration. Office actions are official notices sent by the government body responsible for registering the trademark, usually the United States Patent and Trademark Office (USPTO).
It's essential to discuss all possible fees and expenses with the trademark attorney before hiring them, to ensure that there are no unexpected costs later in the process. The service can perform a brand search, complete the application, help with drawings, and provide additional forms if necessary. In addition, if the trademark search uncovers a problem with your brand, many attorneys will offer you a second free search for a different brand. Specifically, the USPTO will want to know if you file your trademark application based on the actual use of the trademark in commerce or based on your future intention to use it in the trade.
It's also important to understand that once the trademark application is filed, that's just the beginning of the process. Friends, family or colleagues who have been through the trademark registration process or who have previously worked with a trademark attorney can have valuable suggestions. Consider consulting with another attorney to review the agreement if you're not sure about any of the terms. This is called a Section 8 statement and is used to demonstrate that your trademark is still in use or that there are special circumstances justifying that the trademark is no longer in use.
