TRADEMARK REGISTRATION SERVICE
A trademark application is filed with the US Trademark Office. It can be based on actual use, or on intent-to-use. The trademark can be a logo/design, or it can be a plain word mark. A word mark typically confers broader protection, in that it covers all similar marks and any translations. The application must list a description of the type of goods and services to be covered by the mark. A government filing fee is required.
After filing, a trademark examiner will conduct a search for similar marks, and will also make sure the description of the goods and services meets standards. If the application is deemed allowable, it is passed on the publication. If no Opposition is filed within two months after publication, then the application can be registered. If it is an intent-to-use application, then prior to registration a specimen and affidavit of actual use is required, showing use in commerce.
If the application is refused registration, the Applicant has a right to file a response. The response can provide arguments over the prior marks, amend the goods and services, disclaim a portion of the mark, among other things. An Appeal can be filed with the US Trademark Office after a final rejection of the application is rejected; such appeals are commonly believed to be fair and cost effective.
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TYPES OF TRADEMARK APPLICATION
There are several main types of trademark application. One such main type is a logo mark, which typically includes a design or artwork, or which is stylized in some other way.
Another main type of trademark application is a word mark. It is the trademark itself, in all capital letters. This advantageously covers all variations of this mark, in every type face and font, and similar sounding marks as well as similar looking marks. It covers translations into other languages, where appropriate.
For each of the above types of trademark application, it is possible to file either as “actual use” or as “intent” to use. The main difference is that, under “intent” to use, a later filing is needed to show actual use of the mark in commerce.
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WHAT IF THERE IS ALREADY A SIMILAR OR IDENTICAL TRADEMARK
When there is a similar or identical trademark already owned by another, that does not necessarily end the discussion. It is still possible to get a trademark registration if your goods or services are in a different field. For example, cell phones are different from groceries, and two owners could coexist with the same mark, if they are in separate categories of goods.
Even if the goods or services are the same, that does not end the inquiry. We look further, into the channels of commerce. For example, we can ask whether one mark used for wholesale purchases, while the other is for retail or manufacturing.
Even when all of the above seem to be the same, that does not yet end the inquiry: we still look at the types of purchasers. If one mark is followed by the general public, whereas the other is followed by knowledgeable consumers, the marks can still coexist. An example of this would be for goods that can be high-end, known mainly to engineers; and goods that are mainstream known to any one.
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COSTS FOR OBTAINING A REGISTERED TRADEMARK
There is always a danger that the real costs are not explained by companies or law firms handling trademarks. Sure, the initial cost of filing may seem low. But there can be substantial follow up fees, such as for reporting office actions, preparing and filing Responses to office actions, and for other routine correspondence.
We are up front with costs, and strive to keep costs relatively low and in a reasonable range. Quality is of great importance to us. We feel that quality work is one of the best ways to keep overall costs low.
In our case, there is no fee for reporting office actions. The fees for Responses are estimated up front, when reporting the office action. Many cases do not require a Response at all, namely those allowed on the first office action. Fees for minor Responses can be low, around USD 120. For Responses that need legal arguments, those average around USD 480. In rare cases, more serious efforts can be required, and the cost is estimated up front.
What about filing of SOU's (statement of use): there is a government fee and a service fee, and if/when an SOU is required, the service fee is USD 120.
We typically charge USD 325 to USD 375 for a new trademark application. The government filing fee varies, and is currently USD 275 for typical cases. The first half hour of consultation and/or advice is at no charge. Short questions at later times, and which require no formal legal writings or substantial research, are responded to at no charge.
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ABOUT US
Michael J. Foycik, Jr. is an experienced patent attorney, practicing patent and trademark law for more than 25 years. He is a member of the DC Bar and the U.S. Patent Bar. He is currently in the private practice of patent law, specializing in preparation and filing of patent and trademark applications, and patent and trademark appeals. He has also participated in litigation in the fields of trademarks, patents, trade secrets, copyrights, and business law.
Mr. Foycik's patent experience includes assisting inventors and new corporations in the areas of medical devices, dental devices, sports and sporting devices, toys, and displays. Mr. Foycik's corporate patent experience includes the fields of electronics and software patents, as well as in automotive technology. Mr. Foycik's trademark experience also includes trademark applications, trademark oppositions, and trademark cancellation proceedings.
