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The government charges a filing fee of $225.00 per class for an electronically filed application which uses a pre-approved description of the goods and/or services with which the mark is used. For an electronically filed application which does not use a pre-approved description of goods and/or services, the governmental filing fee is $275.00 per class. The government charges a filing fee of $400.00 per class for other applications filed electronically. The other costs for filing an application may vary, depending upon the client’s needs.
A preliminary, or knock out search, can range anywhere from $125.00 to $400.00, depending on the mark. A full comprehensive search of federal, state, and common law databases for a word mark can range anywhere from $350.00 to $800.00 depending on the mark. Costs are generally higher for searches of logo design marks.
An opinion letter is recommended. The fee for preparing a written opinion can vary, depending on the search report findings.
Schiffrin & Longo attorneys prepare and file a trademark application for a flat rate of $250.00 for applications with goods or services in one to three classes. For applications with goods or services in more than three classes, the firm charges $350.00 per application.
Once the application is on file with the USPTO our fees for handling the trademark application (including all correspondence with the USPTO, drafting and filing documents with the USPTO in support of the application, and keeping you advised of the progress of the application through the examination and registration process, etc.) are based on our hourly rates and billed on a monthly basis.
In certain instances, there are additional government filing fees required during the examination process. If any of these additional filing fees apply to a client’s specific situation, our attorneys will explain these fees and the timing in the process when they would need to be paid.
A federally registered mark is presumed valid, and offers nationwide protection for a mark at least as early as the filing date of the federal trademark application.
Registration allows the registrant to use the federal registration symbol (®).
Registration permits the registrant to sue for infringement in federal court and, in certain circumstances, allows for the awarding of costs and attorney’s fees.
Registration allows the registrant to have infringing goods seized by the United States Customs and Border Patrol when entering the country.
Yes, but any trademark protection in such a case is then limited to the geographic area in which the mark is being used.
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 user’s mark. Further, it informs the prospective user of any potentially conflicting marks which could present obstacles to the use or registration of a mark.
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 and registration in the U.S. A written opinion letter usually identifies pertinent references and explains why a mark is available for use.
The registration examination process has numerous variables that can cause the application to take longer than expected, especially if the mark is not yet in use or if the mark is opposed by a third party.
Generally, though, a mark that has no issues takes between nine months and one year to register. The mark can, of course, be used until registration, but it does not enjoy the benefits of registration until the registration date.
If a trademark is approved by the USPTO, it will be in condition for publication in the Official Gazette. When a mark is published, any third-party who believes it will be injured by the registration of the application can oppose the application or request an extension of time to oppose the application. The filing of an opposition to an application starts a litigation before the Trademark Trial and Appeal Board to determine whether the application should register. Our attorneys have litigated several cases before the Trademark Trial and Appeal Board – both challenging and defending applications.
No. As long as there is a bona fide intent to use the mark in commerce. Before the registration will be issued, the applicant will have to show use of the mark in commerce to the USPTO.