These fixed rates do not include government filing fees. If your request goes smoothly, no additional legal fees will be charged. The USPTO maintains a searchable online trademark database, called the Electronic Trademark Search System (“TESS”), that can be used by anyone. At present, there are about 2.5 million of trademark registrations.
Our fixed fee for filing the trademark application covers reasonable consultation with the client and the preparation of the application, including the collection of supporting documentation (such as drawings, samples of use, etc.) The fixed fee also covers routine communications with the Trademark Office after the application has been submitted. The USPTO also charges other fees related to extension requests. The full list of fees can be found here. Once the application is submitted, it is processed by an examining attorney at the Trademark Office. The entire process takes about nine months, assuming there are no complications.
There is a delay, so the examining lawyer usually doesn't start the review until three or four months after the request is submitted. The process is completed when the USPTO issues a registration number. If there are complications with the request, additional legal services may be needed to resolve the complications or the request will have to be withdrawn or abandoned. The resolution of complications depends on the problem and the time when the complication occurred.
During the examination phase, sometimes the problem can be solved by modifying the proposed brand and modifying the request. Usually, if you've done a trademark search and turned to an experienced trademark attorney, no unexpected problems arise. 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 may 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 (a lawsuit) 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 tests 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 is being opposed, you may be provided with a quote for legal services. We offer a full range of TTAB testing services.
Trademark registrations must be renewed periodically and an additional government filing fee applies. If a record is not renewed, the record will be canceled (or marked as dead). The first renewal deadline is between the fifth and sixth anniversary of enrollment. At that time, a trademark owner must file with the USPTO a statement attesting to the continued use of the trademark (or a statement of excusable lack of use).).
At this time, a request for unimpeachability must also be submitted in Section 15. Then, another renewal submission is required on the tenth anniversary and, thereafter, every 10 years. 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. There are many variables that can make the cost of hiring a trademark attorney go up or down, such as location or state, large versus small law firms versus solo professionals, the lawyer's level of experience, and the services offered (for example, whether or not the attorney will perform an authorization search for you).However, if your company wants to use a trademark in the near future, you can file a request for intent to use. Trademark licensing is a strategic partnership in which the brand owner, or the licensor, allows another entity, known as the licensee, to use the trademark with certain products or services.
Unlike filing a TEAS Plus trademark application, the normal TEAS application does not have the same strict filing requirements. To demonstrate why brand protection and working with professionals are important from the start, consider a recent case in which a large pizza chain took action against a small restaurant for having a similar name and logo. These notifications require a response from the trademark applicant or their attorney within a specific time frame. In addition to attorney fees, there may be additional expenses related to the trademark registration process. Since many of the filing requirements can easily be overlooked, it is advisable to consult an attorney who is knowledgeable and experienced in the procedures for filing trademark applications with the USPTO.
Business names and related logos are the most common type of brand that small businesses request. Office actions are official notices sent by the government agency responsible for trademark registration, usually the United States Patent and Trademark Office (USPTO). For example, a patent could refer to a specific type of shoe and the trademark is the way in which the company markets it. Each country has its own rules regarding trademark eligibility, so hiring an international trademark attorney can help facilitate the process.
A good trademark attorney will know how to present your trademark to ensure that it has a good chance of acceptance and registration. Many business owners make the common mistake of trying to file and process their own trademark applications.
