What does the trademark registration process look like?
The process to obtaining a register trademark in the United States typically takes about 8-10 months from start to finish .
once an initial trademark application is filed, it will take about three to four months for the USPTO to initially review your application. This step of the process consists of an lawyer that works for the USPTO ( called an “ examining lawyer ” ) reviewing your application to determine if any conflicts exist with another brand and ensuring your application meets all the technical requirements set forth by the USPTO.
After the examining lawyer has finishing reviewing your hallmark, they will then forward the trademark for 30-day period of “ publication. ” During this “ publication ” period, any extremity of the public ( or another company ) can oppose your trademark application. Therefore, evening if the USPTO has approved your trademark application, a one-third party may feel they could be damaged by the eventual adjustment of your trademark and oppose your lotion during the publication period .
once the 30-day publication window closes, the lotion is sent back to the examining lawyer for final examination review. At that point, adenine long as you filed your trademark “ in habit, ” meaning that your products or services were being sold at the time the application was filed, the examining lawyer will issue the registration on your brand, and a registration security will come in the mail .
Why is a federal trademark registration important?
here are three of the top reasons that obtaining a registration your hallmark is crucial :
1. Registration provides public notice of your trademark.
A federal hallmark adjustment puts others on notice that your stigmatize exists and is protected across the United States. once your hallmark is registered, it appears in the United States Patent and Trademark Office ’ sulfur ( USPTO ) on-line 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 target is registered, you can begin to use the registered brand symbol ” ® ” adjacent to your commemorate. This means, anyone who views your marker, even in a simple search of Google, can identify that it is protected with a federal registration.Furthermore, no one can say that they “ never heard of your brand ” because U.S. trademark law assumes fresh companies are checking the USPTO hallmark database and doing their due diligence to avoid confusion .
2. Registration provides nationwide coverage of your trademark.
Although a mark can acquire brand rights by filing for a state trademark registration, or plainly by using your mark associated with your goods and services ( i, common jurisprudence rights ), these protections are geographically limited. A state hallmark adjustment allows security of a target used alone within that country. alternatively, choosing not to register your commemorate at all besides hard limits the geographic scope of the protective covering to which you ’ re entitled. If you decide to expand your business to a larger geographic sphere – basically an inevitability, specially when you consider the importance of on-line department of commerce – you may run into issues with similar marks potentially pursuing the same national emergence and claims .
For example, if person opens a restaurant in Montana with a exchangeable name to your restaurant franchise, which is located throughout Southeastern U.S., without a hallmark registration, you may be forced to co-exist with that new user of the trademark and may be restricted from expanding into that sword ’ mho ‘ territory. ’ This is a nightmare scenario for a stigmatize owner, including such issues as the add limitations on expansion, competition for digital resources like keyword advertising and social media, and a lot more. even if you have a claim, common-law or state-based rights can be unmanageable ( and dearly-won ) to enforce, versus the military capability of a federal trademark registration .
3. Registration provides presumption of ownership and validity of your trademark.
A trademark application undergoes vigorous review by a politics lawyer, called a trademark examining lawyer, before a registration is granted by the USPTO. The lawyer reviews anterior registered trademarks and analyzes your trademark to judge whether the registration should issue. only after that review, and a thirty-day period of third-party objections, does a registration publish. Therefore, a trademark adjustment certificate is a mighty document that gives the holder a presumption of national validity over users of non-registered trademarks.Not every give voice or phrase used by a company is a hallmark. however, with a federal adjustment, you are presumed under the law to own a protectable trademark. While that can be combated with attest, it puts the burden on the infringer to prove otherwise .
How much does it cost to federally register a trademark?
The ultimate price of filing to register a brand depends on a number of factors, including whether to hire an lawyer to handle the matter, whether to conduct a comprehensive examination trademark search prior to filing your application, and the associate government file fees .
1. The assistance of experienced trademark counsel
At Gerben Law firm, we offer a flat tip for any hallmark search and application ( in most cases ). This covers exhaustive inquiry of your coveted brand, consultation time, and the time and logistics required to prepare and file the brand lotion itself. This flat fee besides covers responses to any non-substantive Office Actions, which are queries from the USPTO. reference clock time is besides built into the pace.
2. Government filing fees
How much it will cost to obtain a federal trademark registration primarily depends on the footing by which the filing is made, and the type of form used. An applicant who has already been using the marker in commerce will probably alone need to make one initial hallmark charge, whereas an Applicant who wishes to reserve rights in a brand with the bona-fide intent to use the brand in the about future, may do then, but will need to make an extra file within a year to so to prove that the sign is being used for the goods and services for which the Applicant initially applied .
typically, a politics filing fee for a distinguish already in use is $ 350 per class, or “ course ” of goods and/or services seeking protection. For case, if you apply to register your trade name, and wish to protect cosmetics, shoes, and cellular telephone cases, these goods fall within three offprint classes, so the initial filing fees would total at most $ 825. furthermore, if you in the first place filed an application to reserve rights to use the sign in the future, the extra filing to prove “ habit in department of commerce ” ( typically due about a class after the initial file ) will cost $ 100 per class in government fees .
3. Example of total trademark registration costs from Gerben Law Firm:
When filing an “ IN USE ” brand application : If your mark is already in function at the time of the trademark charge, your sum cost of registering a trademark will be the flat legal fee of $950 + US Government filing fee of $350 per classify ( assuming a single-class application ) = $ 1,300 .
When filing an “ INTENT TO USE : hallmark application : If you wish to reserve rights to use a scratch in the cheeseparing future, your sum monetary value of registering a brand will be the flatcar legal fee of $950 + US Government filing fee of $350 per class ( assuming a single-class application ) AND a future filing to prove “ function in department of commerce ” with a flat legal fee of $350 + US Government filing fee of $100 per class ( assuming a single-class application ) = $ 1,650 .
Frequently Asked Questions about the Trademark Registration Process
1. How do I federally register a trademark?
To federally register a trademark, you must submit a trademark adjustment to the United States Patent and Trademark Office, or USPTO. There, your lotion will be reviewed by an examining lawyer. This uranium government lawyer will compare your punctuate to existing trademarks to be certain there is no conflict. If the examining lawyer approves your application, it will go for a 30 day time period of “ publication ” where any third party can file an “ opposition ” to your application. If no oppositions are received then your hallmark application will be cleared for final registration .
2. How long does it take to obtain a federal trademark registration?
The process to register a federal trademark generally takes 8 to 10 months from start to finish. With that said, many hallmark applications will receive an “ Office Action ” during the application process. This is typically a request for some change of the speech in the application by the USPTO. The issue of an Office action can slow the procedure down by several months .
3. Is it possible to expedite a federal trademark registration?
A brand registration may be expedited in a limited number of circumstances, including matters of litigation, the hypothesis of misdemeanor, or the motivation to obtain a U.S. brand to obtain a foreign registration. You must fill out a prayer and show a significant need for the application to be expedited. Situations that might apply to a big count of early businesses may not be considered for expedition. With that said, flush under an expedite examination, the registration process inactive typically takes around 5 to 6 months .
4. Do I need a trademark registration to sell products or services?
You do not need a trademark registration to sell goods or services. Doing business without a hallmark registration, however, may leave you vulnerable to infringement from other businesses. besides failure to complete a proper trademark search and go through the hallmark registration march may result in you unwittingly infringing on person else ’ south brand. A record trademark will provide your business valuable legal security against violation and is considered an asset on the books of your company. A brand registration can have significant prize when you go to sell your company and/or take on investors.
5. How much does it cost to obtain a trademark registration?
The monetary value to obtain a hallmark registration is dependent upon several factors. The factor that typically determines the cost is how many products and/or services you need to include in your trademark application. At Gerben Law tauten, we offer an low-cost flatcar tip hallmark registration package of $ 950. This bland tip provides our clients with a comprehensive federal, state and common law trademark search, reference clock time with an lawyer, and, the training and filing of a brand application. Government fees vary based on the number of classes and whether your bell ringer is presently in use .