Trademark

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Benefits of Federal Trademark Registration

Registration with the United States Patent and Trademark Office (USPTO) helps protect your trademark. Although trademarks can receive some protection through use (known as common law trademark rights) or state-level registration, these rights are limited. Federal trademark registration offers several additional benefits:

Expanded Geographic Protection

Federal trademark registration provides protection for your trademark throughout the entire United States. In contrast, state-level registration or common law trademark rights only offer limited, regional geographic protection.

Ownership Protection

Your federal trademark registration can serve as evidence in trademark infringement disputes. Without federal trademark registration, you would need to provide other evidence to support your claim.

Litigation Rights

You cannot file a trademark infringement lawsuit in federal court unless your trademark is registered with the USPTO.

Use of the ® Symbol

After registration, you can use the ® symbol, indicating federal trademark registration. This can enhance your brand's trustworthiness and credibility.

Why Choose Us?

Federal trademark registration is a complex, lengthy, and multifaceted process. However, not all trademark services are the same. By using our trademark services, you will benefit from:

Attorney Preliminary Review

Our partnered attorneys will review the forms filled out by clients to ensure everything is accurate and that we have all the necessary information. If any issues are found, we will work with you to resolve them.

Trademark Search

Our partnered trademark attorneys will conduct a comprehensive trademark search to ensure your trademark has a high likelihood of registration success.

Office Action Response

Even if your application is submitted by an attorney or trademark service, an Office Action may still occur. If your application is returned with a procedural Office Action, our partnered attorneys will assist in preparing a response.

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How long does it take to register a trademark?

At minimum, it takes 12-18 months for your trademark to be registered after the USPTO receives your initial application. But registration may take up to a year or more, especially if numerous or complex office actions are received.
How much does trademark registration cost?

The minimum cost for trademark registration with the USPTO is $250. (This is the fee for one trademark that is registered under one class.)
When should I apply for a trademark?

You can submit an application based on two scenarios: a trademark already in commercial use (i.e., you have already used the trademark in connection with goods/services) or an intent-to-use trademark (i.e., you plan to use the trademark in commerce in the future). When deciding when to submit a trademark application, you should also consider your marketing plans and business registration timeline.
What are trademark classes?

The USPTO divides goods and services into 45 different trademark classes to help categorize marks. A trademark can belong to multiple classes. For example, a company that spins its own yarn and makes sweaters might have trademarks in Class 23 (yarns and threads) and Class 25 (clothing and apparel products). The USPTO charges $250 per class, so if you register under two classes, the USPTO fees will be $500.
Who researches my trademark’s eligibility and submits my application?

Our team of partnered attorneys and trademark experts will work together to ensure your trademark has the best chance of successful registration. The attorneys will review your information form to identify any missing information or potential issues and will provide solutions to address any problems. They will then prepare your application, and once it is ready, a specialist will submit it on your behalf.
What if my trademark registration is refused by the USPTO?

If the United States Patent and Trademark Office (USPTO) issues an initial refusal for your application, our partnered attorney team can assist you in a series of communications with the USPTO. Following this, the application may ultimately be approved or face a final refusal. A final refusal typically indicates inherent issues with the trademark itself, which may necessitate redesigning the trademark. While we strive to do everything possible to ensure your trademark can be successfully registered, we cannot guarantee that the USPTO will approve your trademark registration.
What is an office action?

An office action is an issue with either your trademark or application that’s identified by the USPTO. Office actions must be remedied prior to registration. There are two types of office actions: procedural (minor) and substantive (complex). With our Trademark Service, we fix procedural office actions right away. If your application is returned with a substantive office action, we’ll refer you to the attorneys at Law on Call.