Trademark Registration

TRADEMARK REGISTRATION WITH THE USPTO

We’ll register a federal trademark for your business quickly, easily, and for a flat fee.

What’s Included:

Initial 1 hour consultation about your proposed trademark

Knock-out search to determine availability of proposed trademark (more details below)

Preparation and filing of completed trademark application

Cost:

$500 flat fee

(*The USPTO charges an additional filing fee of $225 / class of goods)

How long does it take to gather my information and complete the registration?

It usually takes less than an hour to gather all of the necessary information, and the registration can be completed and filed within 1-2 days thereafter.

How long does it take for the USPTO (United States Patent and Trademark Office) to confirm the registration?

About 6-9 months. It’s important to be patient once the trademark application has been filed. After filing, it usually takes about about 4 months for an application to be initially assigned to an attorney examiner at the USPTO. If all goes well, the mark will be published for opposition and then finally registered, assuming no one opposes the registration, and assuming that you timely provide to the USPTO all information that is requested of you.

Are there any additional fees beyond those listed above?

Not typically, but there may be additional fees in certain instances, as explained below. The above fee is for the registration of a single application under a single class of goods where the description of those goods or services is a USPTO pre-populated description — what’s referred to as a “TEAS Plus application” ($725 total, including the USPTO filing fees).

  • If your mark will need to be registered under more than one class of goods, please keep in mind that the USPTO will charge you a filing fee for every additional class. For this reason, we usually advise clients to initially register under a single class, and, if no opposition occurs, then later expand the registration to additional classes, if so desired.
  • If the description you choose for your goods or services is not a USPTO pre-populated description, then the USPTO will charge you a filing fee of $275 instead of $225 for each class.
  • If you file a 1(b) intent-to-use application, then an additional filing fee in the amount of $100 will be required by the USPTO in order to file the Statement of Use. The USPTO requires an additional filing fee in the amount of $125 for any requests to extend the time to file the Statement of Use.
  • If the attorney examiner at the USPTO who is assigned to your application issues an “office action,” which is a formal request for additional information or explanation, then any time we spend in responding to that office action is billed at an hourly rate.
What is a "Knock-Out Search"?

A “knock-out search” is a basic search of the USPTO’s public database of registered trademarks, to identify whether there may be any conflicting marks that may prevent the registration of a proposed trademark application. A comprehensive search, as opposed to a knock-out search, is more robust and includes searches of additional public records, including state trademark and company name databases, domain name registrations, and specific search engine results. Comprehensive searches result in a full legal opinion being issued to clients who want additional assurances as to the registration of a proposed trademark. If you’re interested in a trademark search opinion based on a comprehensive search, we offer that service as well; click here for more details.

Can I just register a trademark on my own?

Yes, of course, but unless you’ve already run a trademark search, determined the exact class under which your mark should be registered, determined the type of application that should be filed, and are familiar with the USPTO’s application process, it likely won’t be worth your time to try and figure out the whole process just to save some money.

Why shouldn't I just use a cheaper on-line filing service?
  • You’ll likely save money at the outset by using an on-line filing service, but it may cost you more in the long run. Many of these services are deceptively cheap, since there may be hidden fees.
  • You may also register the trademark incorrectly, and you may not complete all of the necessary steps to properly register your trademark when using one of these services. If you later learn that you did make a mistake, you’re going to have to pay a lawyer a lot more money to help you fix the registration or defend the application if there is an opposition to your application.
  • Using an on-line filing service isn’t necessarily confidential. If you hire a lawyer — whether our firm or any other law firm — anything you tell your lawyer will automatically be deemed confidential and protected by the attorney-client privilege. Lawyers are heavily regulated and bound by strict ethical rules and guidelines. That’s not true with on-line filing services.
  • If your business is successful, you’ll inevitably have other legal issues to address, and you’ll have to engage a trademark lawyer. Why not do so at the very beginning, so that you have a go-to trademark lawyer when those legal issues later arise? You won’t develop a professional relationship with an on-line filing service.
  • Most business lawyers, like us, are well connected in their local communities and can provide recommendations and referrals to other reputable service providers (such as accountants, insurance brokers, bankers, and financial advisors) who may not seem important at the outset, but are critical to have relationships with as the business grows.
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