A trademark is a word, name, symbol, or device that designates the source of a good or service.
A trademark registration grants you the right to stop others from using a mark in a way that may confuse a consumer as to the source of a good or service
A federal trademark registration requires use of the mark in interstate commerce, i.e. across state lines.
Trademark registrations identify particular classes of goods or services on which the mark is used.
Trademark Application Process
- Attorney completes application which lists classes of goods or services on which the mark is used and a description of the goods or services (approx. 1 month)
- USPTO Trademark Examiner reviews the application and issues an allowance or an Office Action (approx. 4-6 months)
- Attorney responds to Office Action with amendments or arguments (6 month)
- Allowed application is published for comments/opposition from the public (3 months)
- If the mark is not yet in use in commerce, the application remains pending for up to 36 months in 6-month increments with payment of fee or until submission of a Statement of Use showing use of the mark in commerce
- Registration remains active so long as use in commerce continues and renewal fees are paid every 10 years.
- Costs to prepare and file an application for registration of a mark in one class of goods or services is approx. $1000.
- each additional class of goods/services is approx. $625
- fees for prosecuting the application through registration vary but generally fall between about $400-$3000 total
- additional fees are incurred if the mark is not yet in use in commerce:
extensions of time (one class of goods/services) - approx. $400
filing Statement of Use (one class of goods/services) - approx. $450
- Declaration of Use and Incontestability - due between years 5 and 6 - approx. $700
- Renewal Fees and Declarations of Use - due every 10 years - approx. $850
*the potential costs indicated are for informational purposes only and are not intended as an estimate or quote for any particular matter. Costs and fees are subject to change.