Trademarks

ENSURE THAT YOUR BUSINESS REMAINS ONE OF A KIND

Here is How It Works

1. Trademark Search

YOU’LL BEGIN THE PROCESS BY FILLING OUT AN INTAKE FORM SO WE CAN GATHER THE NEEDED DATA FOR THE TRADEMARK SEARCH AND APPLICATION.

A TRADEMARK SEARCH WILL BE CONDUCTED TO SEE IF THERE ARE ANY MARKS THAT COULD POSE A HURDLE FOR REGISTRATION (I.E. SIMILAR COMPANIES USING A SIMILAR TRADEMARK IN THE SAME INDUSTRY).

THE FEE FOR A TRADEMARK SEARCH IS $500.

2. Trademark Application

IF THE SEARCH RESULTS SHOW THAT THERE ARE NO COMPANIES WITH CONFUSINGLY SIMILAR NAMES AND SERVICES, THEN YOUR APPLICATION WILL BE FILED BY THE USPTO.

THE FILING FEE IS $1500 + APPLICABLE FILING FEES ($250-$350 PER CLASS)

*A TRADEMARK REGISTRATION PROTECTS ONLY THE CLASSES OF GOODS AND SERVICES YOU HAVE CLAIMED IN YOUR APPLICATION.

IF THE SEARCH RESULTS SHOW THAT SIMILAR COMPANIES WITH SIMILAR TRADEMARKS ALREADY EXIST, LET’S DISCUSS REBRANDING.

3. Trademark Approval

IF THE USPTO APPROVES YOUR TRADEMARK, IT IS THEN ‘PUBLISHED FOR OPPOSITION’.

IF NO THIRD PARTY OPPOSES DURING THE 30-DAY OPPOSITION PERIOD, YOUR TRADEMARK WILL PROCEED TO REGISTRATION WHICH TYPICALLY TAKES 11-12 WEEKS.

THEN WE CELEBRATE!

IF THERE IS AN ISSUE WITH YOUR APPLICATION, WE WILL RECEIVE A NOTICE KNOWN AS AN ‘OFFICE ACTION’.

Office Action: Step One

AN OFFICE ACTION IS AN INITIAL REJECTION OF THE TRADEMARK APPLICATION, WHICH COULD BE AS MINOR AS REQUIRING SOME ADDITIONAL INFORMATION OR AS MAJOR AS THE TRADEMARK EXAMINER FINDING COMPETING MARKS THAT THEY BELIEVE ARE TOO CONFUSINGLY SIMILAR TO YOUR MARK.

AT THIS STAGE, WE WILL DISCUSS THE SIMILARITIES BETWEEN THE CITED MARKS AND DETERMINE WHETHER YOU WISH TO INVEST IN PREPARING A SUBSTANTIVE RESPONSE TO THE OFFICE ACTION.

SUBSTANTIVE RESPONSES BEGIN AT $2500.

Office Action: Step two

THE SUBSTANTIVE RESPONSE MUST BE SUBMITTED WITHIN 6 MONTHS.

IF THE OFFICE ACTION IS DUE TO THE EXISTENCE OF A SIMILAR COMPANY, WE WILL RESPOND WITH A FORMAL LEGAL ARGUMENT.

THE ARGUMENT INCLUDES EVIDENCE THAT PROVES THERE IS A SIGNIFICANT DIFFERENCE BETWEEN YOU AND ANY SIMILAR BRANDS.

Office Action: Step three

A) IF THE USPTO ACCEPTS THE ARGUMENT(S), THE MARK WILL BE APPROVED AND PUBLISHED FOR OPPOSITION.

B) IF THE USPTO ISSUES A FINAL REFUSAL, WE CAN FILE A REQUEST FOR RECONSIDERATION AND/OR APPEAL TO THE TRADEMARK TRIAL & APPEAL BOARD WITHIN 6 MONTHS OF THE FINAL REFUSAL.

APPEAL INVESTMENT STARTS AT $3500.

Frequently Asked
Trademark Questions

A trademark is a recognizable name, logo, phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. A trademark is meant to exclusively identify a product or service as produced by a specific company and recognizes the company’s ownership of the brand.

If you do not register your trademark, you only have rights in your geographic scope where your services are offered. Registration provides national protection.

A trademark class provides information about the type of goods and services offered by the owner.

Yes! Let’s hop on a call.

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