What does the trademark registration process await like?

The process to obtaining a registered trademark in the United states typically takes about eight-ten months from outset to finish.

Once an initial trademark awarding is filed, it will have well-nigh 3 to four months for the USPTO to initially review your application. This pace of the process consists of an chaser that works for the USPTO (chosen an "examining attorney") reviewing your awarding to determine if any conflicts exist with another trademark and ensuring your awarding meets all the technical requirements ready forth by the USPTO.

Later on the examining attorney has finishing reviewing your trademark, they will then forward the trademark for 30-solar day menstruation of "publication."  During this "publication" period, any member of the public (or some other company) tin can oppose your trademark awarding.  Therefore, fifty-fifty if the USPTO has approved your trademark application, a third political party may feel they could be damaged by the eventual registration of your trademark and oppose your awarding during the publication catamenia.

In one case the 30-day publication window closes, the awarding is sent back to the examining attorney for concluding review. At that point, as long equally you filed your trademark "in use," 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 important?

Here are 3 of the pinnacle reasons that obtaining a registration your trademark is important:

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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. Once your trademark is registered, it appears in the United States Patent and Trademark Function'southward (USPTO) online database. This database is available to the public and allows users to deport a search to observe potentially similar marks to their ain. Additionally, in one case your mark is registered, y'all can begin to utilize the registered trademark symbol " ®" adjacent to your mark. This way, anyone who views your mark, even in a unproblematic 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 new companies are checking the USPTO trademark database and doing their due diligence to avert confusion.

2. Registration provides nationwide coverage of your trademark.

Although a mark can larn trademark rights past filing for a state trademark registration, or merely past using your mark associated with your goods and services (i.e., common constabulary rights), these protections are geographically limited. A state trademark registration allows protection of a mark used merely within that state. Alternatively, choosing not to register your mark at all also severely limits the geographic scope of the protection to which y'all're entitled. If you make up one's mind to aggrandize your concern to a larger geographic area – essentially an inevitability, especially when you consider the importance of online commerce – you may meet bug with similar marks potentially pursuing the aforementioned national growth and claims.

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

iii. Registration provides presumption of ownership and validity of your trademark.

A trademark application undergoes vigorous review past a government chaser, called a trademark examining attorney, before a registration is granted past the USPTO. The attorney reviews prior registered trademarks and analyzes your trademark to estimate whether the registration should issue. Only after that review, and a 30-day period of third-party objections, does a registration result. Therefore, a trademark registration certificate is a powerful document that gives the holder a presumption of national validity over users of non-registered trademarks.Not every word or phrase used by a visitor is a trademark. However, with a federal registration, you are presumed nether the police force to own a protectable trademark. While that can be combated with prove, 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 hire an attorney to handle the matter, whether to comport a comprehensive trademark search prior to filing your application, and the associated government filing fees.

1. The assistance of experienced trademark counselTrademark Stamp

At Gerben Law Firm, we offer a apartment fee for any trademark search and application (in most cases). This covers thorough enquiry of your desired trademark, consultation time, and the time and logistics required to set up and file the trademark awarding itself. This flat fee too covers responses to whatever non-noun Office Deportment, which are queries from the USPTO. Consultation time is also congenital into the rate.

2. Government filing fees

How much information technology will price to obtain a federal trademark registration primarily depends on the basis by which the filing is made, and the blazon of form used. An Bidder who has already been using the mark in commerce will probable just need to brand one initial trademark filing, whereas an Applicant who wishes to reserve rights in a trademark with the bona-fide intent to utilise the trademark in the nearly future, may practice so, just volition need to brand an additional filing within a yr to so to prove that the mark is existence used for the goods and services for which the Applicant initially applied.

Typically, a government filing fee for a marker already in use is $350 per category, or "grade" of goods and/or services seeking protection. For instance, if you lot apply to register your make, and wish to protect cosmetics, shoes, and cellphone cases, these goods fall within three dissever classes, so the initial filing fees would total at most $825. Furthermore, if you originally filed an awarding to reserve rights to utilise the marker in the future, the additional filing to show "use in commerce" (typically due about a year after the initial filing) will toll $100 per form in authorities fees.

3. Instance of total trademark registration costs from Gerben Law Firm:

When filing an "IN USE" trademark application: If your marking is already in use at the time of the trademark filing, your total cost of registering a trademark volition be the flat legal fee of $950 + United states Regime filing fee of $350 per course (assuming a single-class application) = $1,300.

When filing an "INTENT TO USE: trademark application: If y'all wish to reserve rights to use a mark in the near hereafter, your total cost of registering a trademark will be the flat legal fee of $950 + US Government filing fee of $350 per grade (assuming a single-class application) AND a futurity filing to bear witness "use in commerce" with a flat legal fee of $350 + Us Regime filing fee of $100 per class (assuming a single-class application) = $i,650.

Ofttimes Asked Questions nigh the Trademark Registration Process

1. How exercise I federally register a trademark?

To federally register a trademark, you must submit a trademark registration to the United States Patent and Trademark Office, or USPTO. At that place, your awarding volition exist reviewed past an examining attorney. This US government attorney will compare your mark to existing trademarks to be sure there is no conflict. If the examining attorney approves your awarding, it will become for a 30 day menses of "publication" where any third party tin can file an "opposition" to your application. If no oppositions are received then your trademark awarding will be cleared for terminal registration.

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

The procedure to register a federal trademark mostly takes 8 to x months from get-go to finish. With that said, many trademark applications volition receive an "Role Activeness" during the application process. This is typically a request for some modification of the language in the application by the USPTO. The issuance of an Part Action tin can slow the process downward past several months.

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

A trademark registration may exist expedited in a limited number of circumstances, including matters of litigation, the possibility of infringement, or the need to obtain a U.S. trademark to obtain a strange registration. Yous must fill out a petition and evidence a pregnant need for the application to be expedited. Situations that might apply to a large number of other businesses may non be considered for trek. With that said, even nether an expedited examination, the registration process nonetheless typically takes around 5 to 6 months.

iv. 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 trademark registration, however, may exit you lot vulnerable to infringement from other businesses. Also failure to complete a proper trademark search and get through the trademark registration process may result in you unknowingly infringing on someone else's trademark. A registered trademark volition provide your business valuable legal protection confronting infringement and is considered an nugget on the books of your company. A trademark registration tin take significant value when you lot go to sell your company and/or take on investors.

v. How much does it toll to obtain a trademark registration?

The toll to obtain a trademark registration is dependent upon several factors. The gene that typically determines the toll is how many products and/or services you need to include in your trademark application. At Gerben Law Firm, nosotros offer an affordable flat fee trademark registration package of $950. This flat fee provides our clients with a comprehensive federal, state and common police trademark search, consultation time with an chaser, and, the preparation and filing of a trademark application. Government fees vary based on the number of classes and whether your marker is currently in utilize.