What does the trademark registration process look like?

The process to obtaining a registered trademark in the United States typically takes most viii-10 months from start to finish.

Once an initial trademark application is filed, information technology will take almost three to four months for the USPTO to initially review your application. This stride of the process consists of an chaser that works for the USPTO (called an "examining attorney") reviewing your application to make up one's mind if whatsoever conflicts exist with another trademark and ensuring your application meets all the technical requirements fix forth past the USPTO.

After the examining attorney has finishing reviewing your trademark, they will and so forward the trademark for thirty-day period of "publication."  During this "publication" period, any member of the public (or another company) can oppose your trademark application.  Therefore, even if the USPTO has approved your trademark awarding, a third political party may feel they could be damaged by the eventual registration of your trademark and oppose your application during the publication period.

Once the 30-day publication window closes, the application is sent back to the examining attorney for last review. At that betoken, as long equally yous filed your trademark "in employ," pregnant that your products or services were being sold at the time the application was filed, the examining attorney will issue the registration on your trademark, and a registration certificate will come in the mail.

Why is a federal trademark registration of import?

Hither are iii of the meridian reasons that obtaining a registration your trademark is of import:

Gerben Law Document

1. Registration provides public notice of your trademark.

A federal trademark registration puts others on notice that your make exists and is protected beyond the United States. One time your trademark is registered, information technology appears in the United States Patent and Trademark Office's (USPTO) online database. This database is available to the public and allows users to conduct a search to find potentially similar marks to their own. Additionally, once your mark is registered, you can brainstorm to use the registered trademark symbol " ®" adjacent to your mark. This style, anyone who views your marking, fifty-fifty in a simple search of Google, tin identify that information technology is protected with a federal registration.Furthermore, no ane tin can say that they "never heard of your brand" considering U.S. trademark police assumes new companies are checking the USPTO trademark database and doing their due diligence to avoid defoliation.

2. Registration provides nationwide coverage of your trademark.

Although a mark tin can acquire trademark rights by filing for a state trademark registration, or but by using your mark associated with your goods and services (i.east., mutual constabulary rights), these protections are geographically limited. A state trademark registration allows protection of a mark used just within that state. Alternatively, choosing non to register your marking at all too severely limits the geographic telescopic of the protection to which you're entitled. If you lot decide to expand your business to a larger geographic area – substantially an inevitability, specially when you lot consider the importance of online commerce – you lot may run into issues with like marks potentially pursuing the same national growth and claims.

For instance, if someone opens a restaurant in Montana with a similar proper name to your eatery franchise, which is located throughout Southeastern U.Due south., without a trademark registration, you lot may be forced to co-exist with that new user of the trademark and may be restricted from expanding into that brand's 'territory.' This is a nightmare scenario for a brand owner, including such issues as the added limitations on expansion, competition for digital resource like keyword advertising and social media, and much more. Even if you accept a claim, common-law or state-based rights can be difficult (and costly) to enforce, versus the strength of a federal trademark registration.

3. Registration provides presumption of buying and validity of your trademark.

A trademark application undergoes vigorous review past a regime chaser, called a trademark examining attorney, before a registration is granted by the USPTO. The chaser reviews prior registered trademarks and analyzes your trademark to approximate whether the registration should issue. Only after that review, and a thirty-twenty-four hours catamenia of third-party objections, does a registration issue. Therefore, a trademark registration document is a powerful document that gives the holder a presumption of national validity over users of not-registered trademarks.Not every give-and-take or phrase used past a company is a trademark. Even so, with a federal registration, you are presumed under the law to own a protectable trademark. While that tin can be combated with evidence, it puts the burden on the infringer to prove otherwise.

How much does it cost to federally annals a trademark?

The ultimate cost of filing to register a trademark depends on a number of factors, including whether to rent an chaser to handle the affair, whether to conduct a comprehensive trademark search prior to filing your application, and the associated government filing fees.

i. The assistance of experienced trademark counselTrademark Stamp

At Gerben Law Firm, nosotros offering a apartment fee for any trademark search and application (in most cases). This covers thorough research of your desired trademark, consultation time, and the time and logistics required to prepare and file the trademark application itself. This flat fee also covers responses to whatsoever non-substantive Role Deportment, which are queries from the USPTO. Consultation time is as well built into the rate.

ii. Government filing fees

How much it volition toll to obtain a federal trademark registration primarily depends on the ground past which the filing is made, and the blazon of course used. An Bidder who has already been using the mark in commerce volition likely just need to make one initial trademark filing, whereas an Bidder who wishes to reserve rights in a trademark with the bona-fide intent to use the trademark in the nearly hereafter, may do then, but volition demand to make an additional filing within a year to and so to evidence that the mark is being used for the goods and services for which the Applicant initially applied.

Typically, a authorities filing fee for a mark already in utilise is $350 per category, or "class" of goods and/or services seeking protection. For example, if you employ to annals your brand, and wish to protect cosmetics, shoes, and cellphone cases, these goods fall within three separate classes, so the initial filing fees would total at most $825. Furthermore, if you originally filed an application to reserve rights to use the mark in the future, the additional filing to prove "use in commerce" (typically due about a year after the initial filing) will price $100 per class in regime fees.

3. Example of total trademark registration costs from Gerben Police force Business firm:

When filing an "IN Apply" trademark application: If your mark is already in use at the fourth dimension of the trademark filing, your total cost of registering a trademark volition exist the flat legal fee of $950 + US Government filing fee of $350 per form (assuming a unmarried-class application) = $1,300.

When filing an "INTENT TO Employ: trademark awarding: If you lot wish to reserve rights to utilize a mark in the well-nigh future, your full cost of registering a trademark volition be the flat legal fee of $950 + Usa Government filing fee of $350 per form (assuming a unmarried-grade application) AND a time to come filing to bear witness "utilise in commerce" with a flat legal fee of $350 + United states Government filing fee of $100 per class (assuming a single-course application) = $1,650.

Ofttimes Asked Questions nigh the Trademark Registration Process

ane. How practice I federally register a trademark?

To federally annals a trademark, you must submit a trademark registration to the The states Patent and Trademark Function, or USPTO. There, your application volition be reviewed by an examining attorney. This The states government chaser will compare your mark to existing trademarks to exist sure in that location is no conflict. If the examining attorney approves your application, it will become for a 30 day menstruation of "publication" where whatever third party can file an "opposition" to your awarding. If no oppositions are received then your trademark application volition be cleared for final registration.

2. How long does it take to obtain a federal trademark registration?

The procedure to annals a federal trademark generally takes 8 to 10 months from outset to end. With that said, many trademark applications will receive an "Function Activeness" during the awarding process. This is typically a request for some modification of the language in the application past the USPTO. The issuance of an Function Action can slow the process down by several months.

three. Is it possible to expedite a federal trademark registration?

A trademark registration may be expedited in a limited number of circumstances, including matters of litigation, the possibility of infringement, or the need to obtain a U.Southward. trademark to obtain a foreign registration. You must fill out a petition and show a significant need for the application to be expedited. Situations that might apply to a large number of other businesses may not be considered for expedition. With that said, even under an expedited test, the registration process however typically takes around 5 to 6 months.

4. Practise I need a trademark registration to sell products or services?

You lot practise non need a trademark registration to sell appurtenances or services. Doing business without a trademark registration, notwithstanding, may leave you vulnerable to infringement from other businesses. Also failure to complete a proper trademark search and go through the trademark registration process may result in you unknowingly infringing on someone else's trademark. A registered trademark will provide your business valuable legal protection against infringement and is considered an asset on the books of your visitor. A trademark registration can have significant value when you go to sell your company and/or take on investors.

5. How much does it price to obtain a trademark registration?

The cost to obtain a trademark registration is dependent upon several factors. The factor that typically determines the cost is how many products and/or services y'all demand to include in your trademark awarding. At Gerben Law House, we offer an affordable flat fee trademark registration package of $950. This flat fee provides our clients with a comprehensive federal, state and mutual law trademark search, consultation fourth dimension with an attorney, and, the preparation and filing of a trademark awarding. Government fees vary based on the number of classes and whether your mark is currently in use.