Trademark

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What is a Trademark?

Trademark = a word, phrase, symbol, and/or design (a “mark”) that identifies and distinguishes the source of the goods of one party from those of others.

Service mark = a word, phrase, symbol, and/or design that identifies and distinguishes the source of the services of one party from those of others.

Both are commonly referred to collectively as TRADEMARKS

Examples of content that MAY be protected by trademark:

  • Business name
  • Business logo
  • T-shirt brand
  • Signature event title
  • Stage name
  • Blog/Podcast title
  • App name
  • Slogan/Tagline
  • Catch phrase
  • Title of book series
  • Product name
  • Nonprofit name
  • Program title
Trademark Registration

Examples of content that MAY NOT be protected by trademark:

  • Ideas
  • Concepts
  • Methods
  • Systems
  • Inventions
  • Names of Songs
  • Names of a single
  • creative work
  • T-shirt designs
  • Ornamental designs
  • Generic words/phrases
  • Widely used messages
Trademark Registration

Types of Trademark Protection

Common Law

A common law trademark is established in the geographic area where the mark is used in commerce, but the mark is not federally registered. It endures with continual, deliberate use and is shown by the superscript symbol “TM.”

Registered Trademarks

A distinctive mark or symbol to which a person or company has declared ownership for use with certain goods/services by filing the trademark with the US Patent and Trademark Office. Protects the mark in the entire United States.

  • Protects against federal registration of not only identical marks, but also confusingly similar marks.
  • Provides nationwide notice of ownership of the mark.
  • Protected throughout the entire United States and its territories
  • Grants the right to use the ® symbol
Most Common Trademark Application Types

Use-based

  • Must provide evidence that mark is being used when filing the trademark application.
  • Generally, a faster process
  • Less filing fees

Intent-to-use

  • Do not have to provide evidence of use when filing the trademark application.
  • Once application is accepted, applicant will have 6 months to provide Statement (evidence) of Use. Additional fee of $100 per class
  • A 6-month extension can be requested for an additional fee; limited to 5.

Our Services

You’ve begun building your business and brand, now let us help you protect it. Our trademark services include trademark searches, registration, responses to the USPTO, and we provide package options to fit your needs.

Trademark Search

Thinking about registering a mark, but not sure if it is available; this is the package for you. A comprehensive search and results memo will let you know the likelihood of success of an application.

Trademark Search – $950.00

The Search Only Package includes:

  • Discovery Call
  • A search of the USPTO Database for any conflicting marks
  • Search Results Memo

Trademark Registration – $2,000.00

Trademark Protection

Trademark Registration Package

  • unlimited consultations during representation,
  • Comprehensive search of USPTO
  • General internet and social media search,
  • Search results opinion memo,
  • Application fee
  • Assistance gathering items needed for application,
  • Review of application with client before submission,
  • Submission of application to USPTO,
  • Communication with USPTO during process,
  • Ongoing communication & updates during process,
  • Electronic & Physical copy of registration certification

Additional applications and/or categories are $350 each.

REFUND/ CANCELLATION POLICY

If you pay for the Trademark Registration Package, but the name or logo is already registered, you can submit a new name to trademark or request a refund. A $1,000.00 lawyer research fee for each mark searched will be deducted, and the rest will be returned to you.

Once you approve submission of your Trademark Application, there are no refunds. All Fees are earned upon approval of moving forward with filing.

Prices listed are Flat Fee prices that include all aspects of registering your Trademark, including responding to non-substantive Office Actions during filing of application phase. Trademark Trial and Appeal Board Proceedings are NOT included in the Flat Fee Rate.

Response to Office Action – price varies

This service is available for those who have already filed a Trademark Application, and the USPTO has issued an Office Action Letter.

A USPTO Office Action is issued by the Trademark Office when the examining attorney identifies legal issues with your application. These issues can be procedural (Non-Substantive) or Substantive. All legal issues are resolved via a formal response to the USPTO Office Action.

Types of Office Action Letters
Non-Substantive/Procedural

This type of Office Action Response means that there is a procedural issue such as -disclaimer needed, -clarification of goods/services, -use of mark, etc.

Non-Substantive Office Actions indicate that there is an issue with the way the Trademark was applied. These are simple fixes.

Substantive

Substantive Office Actions take issue with the trademark itself. These issues include a claim of likelihood of confusion with another mark, the mark being merely descriptive, or something else.

Substantive Office Actions require Analysis of Trademark Law. These types of Office Actions require a substantial amount of time compared to a Procedural Office Action.

If we are hired to respond to an Office Action, then our firm will:

  • Step in as Attorney of Record
  • Conduct a review and analysis of the issues to determine the appropriate response.
  • Work with you to gather additional documentation or information, if needed.
  • Submit a response to the USPTO’s Office Action.
  • Communicate with USPTO during process, and work to get your trademark approved for registration.
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