We can register your trademark with the United States Patent and Trademark Office for a fixed fee.

USPTO FEDERAL TRADEMARK REGISTRATION

The federal trademark registration process consists of many different stages with final registration taking at least 10-12 months to be complete if no opposition procedures are filed.

CLEARANCE STAGE

Before a trademark application is filed, the appropriate trademark research must be conducted and the results reviewed by an attorney for clearance. This includes:

1) Comprehensive Trademark Search by independent search firm

2) Attorney review of search results, analysis and recommendation

In some cases, a review of the search results will result in a need for further investigation of third-party use before a definitive recommendation can occur.

A full opinion letter may be necessary before an application is filed.   It must contain a full analysis of the facts and applicable law, and because of the time involved, we only recommend full opinion letters if:

1) Based on our analysis, we believe you have the right to use and register the may but there is a significant risk that a third party may challenge the use or registration.

2) Lenders, business partners or potential acquirers of your business request one.

PROSECUTION STAGE

Once a mark has been cleared for use and registration, an application must be filed with the United States Patent and Trademark Office (USPTO). If a mark has not been used in interstate commerce yet, an “Intent to Use” application must be filed. A “Statement of Use” must be filed once actual use can be substantiated to change the application to an active use application.

After the appropriate application is filed, an examining attorney at the USPTO will review the application and issue Office Actions, which will raise technical issues regarding the application or require substantive answers to denial of registration. Each Office Action requires a response by an attorney to avoid abandonment of your application.

Our flat-fee trademark registration service covers the following minimum filings:

1) USPTO application and filing fee (one class of goods)

2) Response to First Office Action

3) Statement of Use filing fee (to prove use in interstate commerce)

Some trademark applications are more complicated and an examiner may send two or three Office Actions and a Final Refusal. Each additional response will require a separate fee which will be quoted in advance. Final Refusals by the examiner must be appealed to the Trademark Trial and Appeal Board (TTAB) if you do not wish to abandon your application. Appellate procedures are not included in our flat fee.

One more proceeding may occur once a mark has been approved. You may have to defend against an opposition by a third party who may claim prior rights to your mark.