FAQs

How much does it cost to register a trademark?

• The United States Patent and Trademark Office's filing fee is $325 for an electronically filed application and $375 for a hard copy application.  The other costs for filing an application vary depending on what the client wants.

  • A preliminary, or knock out search, can range anywhere from $100-$200, depending on the mark.  A full comprehensive search of federal, state and common law databases can range anywhere from $100-$500, also depending on the mark.  If several marks are searched, the cost per mark is less.

  • An opinion letter is also recommended.  The fee for preparing a written opinion can vary from $100-$700, depending on the search report findings.  If an oral opinion is given, obviously the fees would be much less, likely no more than $125.

  • Preparing an application generally costs no more than $125, but can be more or less depending on the nature of the mark.

  • If the Patent and Trademark Office responds to the application, the firm's fees can be worked out in accordance with the PTO's response.  Generally, the client and firm will have an idea of the PTO's position concerning a mark when the application is filed, and can determine a reasonable fee structure if the PTO requires additional information or refuses the application on substantive grounds.

  In all instances the firm will tell the client up front the approximate fees and costs, and may be able to adjust them based on the marks and work needed to prepare an application.  Unless the client instructs the firm otherwise, the client will always be made aware of all fees and costs before work is done.

Why register a trademark?

• A registered mark is presumed valid, and offers nationwide protection for a mark at least as early as the filing date of the application.  It allows the registrant to use the federal registration symbol (®) and permits the registrant to sue for infringement in federal court.

Can a mark be used without registration?

• Yes, but that use is limited to the geographic area in which it is being used.

Why search for a trademark availability?

• Searching is an action in good faith, and can show that a trademark user has undertaken due diligence to determine that its mark is not infringing upon a prior users mark.  Further, it informs the prospective user of any potentially conflicting marks which could present obstacles years down the road, even after the mark is in use.

Is a search opinion necessary?

• It is preferable to have a clearance opinion for a trademark as a defense that the trademark user has relied on advice from counsel and has undertaken due diligence in determining its mark is available for use.  A written opinion letter usually identifies pertinent references and explains why a mark would be available for use.  Of course, these opinions can be given orally, but would then be difficult to produce if needed.

How long does it take a trademark to register?

• That can vary, but generally, a mark that has no issues takes about a year to register.  Obviously, the mark can be used until registration, but it does not enjoy the benefits of registration until the registration date.

Can third-parties challenge an application?

• If a trademark is approved by the Patent and Trademark Office, it will be in condition for publication.  When a mark is published, any third-party which believes it will be injured by the registration of the application can oppose the application or file an extension of time to oppose the application.

Does a mark have to be in use in order to file an application?

• No.  As long as there is a bona fide intent to use the mark in commerce.  Before registration can be issued, the applicant will have to show use.

How do I get started working with an attorney?

• Our firm is glad to answer any questions by by e-mail or telephone. If the prospective client has several trademarks to register, or has enforcement, litigation, or domain name issues, we can set up a plan of action that will suit the client and firm's needs.