Trademark Services

In today’s competitive business environment, intellectual property can be one of the most valuable assets a company can own, and needs to be properly protected.  The best protection you can give your company’s brand name or slogan and the name you use on your products and services, is a Federal Trademark Registration with the U.S. Patent & Trademark Office (“USPTO”).

  • Federal Trademark Registrations with the USPTO
  • Assisting in Trademark Selection and Consultation
  • Trademark Searches and Clearances
  • Respond to USPTO Office Actions
  • USPTO Required Trademark Renewals
  • Trademark Licenses and Assignments
  • Cease and Desist Letters to Trademarks Infringers
  • Trademark Infringement Lawsuits
  • Guidance on protecting and policing Trademarks

Trademark  Procedure

Initial Research/Investigation

Once you have selected a trademark, we will begin our initial research and investigation into the registerability of the trademark. We will conduct a preliminary comprehensive search of the USPTO’s records and discuss with you the pros and cons of your proposed trademark.  We will also discuss with you what materials you will need to develop to include as specimens with your Trademark application and how best to describe to your goods and services to avoid any objections from the USPTO.

Though the results of our preliminary search are not guaranteed, the findings are usually a good indicator of the success of your trademark work.

We charge $345 for the initial research/investigation, whether you engage us to file a trademark registration or not. However, if you engage us to register your mark, we credit the $345 against our registration fee.

In the case of a franchise system or corporate name, or where the value of the trademark is very high, we also recommend a search from a commercial search company. If you desire such a search, we pass along the $299 cost we incur to run the search and charge $345 per search for our time to review the search results.

Trademark Application and Fees

Once you have decided to move forward with your trademark, we will work with you to put together the appropriate application materials for your situation.

If you are already using your trademark in commerce the fee to begin the trademark for a word mark or simple design mark is a $225 filing fee charged by the USPTO plus a $795 registration fee for our work (less any $345 research/investigation fee already paid). We charge hourly for a trade dress design mark.

If you have not yet started using the trademark, we will file the application on an “Intent to Use” basis.  We charge our $795 fee at the time of filing the Intent to Use and an additional $100 fee when we allege use. The USPTO also charges their $225 filing fee an extra $100 filing fee for an Intent to Use filing.

Any work performed outside the scope of the services described in this Section will be charged at our hourly rate.

USPTO Application Process

Once filed, the application is examined by the USPTO. A certain amount of correspondence with the USPTO can be expected, in order to reach a satisfactory description of the goods or services, to deal with any required disclaimers, and to overcome Office Actions.

Once approved by the examiner, your proposed trademark is published in the Official Gazette which constitutes public notice of your trademark. Any person may oppose the registration on certain grounds. An opposition may be settled, may take a long time to resolve, or may never be resolved. If an opposition is received, we will advise you and secure instructions as to whether you wish for us to proceed with the application.

If all goes well, the time required from initial search to final registration of a United States trademark averages 9-16 months. Where there are minor objections from the examiner, registration will usually occur in 16 to 18 months.

USPTO Office Actions

In some cases, the USPTO may consider your proposed trademark to be confusingly similar with a trademark already registered in the United States or otherwise object to registration through what is called an “Office Action.”

An Office Action must be responded to within six months of the date the USPTO issues it. Moreover, the USPTO will not notify you that the deadline is approaching to file an Office Action response. If you do not respond your application will simply be abandoned and all of your rights (and filing fee) will be lost.

We can help you respond to any Office Action. We charge our regular hourly rate or an agreed to fixed fee to draft a reply to an Office Actions. We may require a retainer based on the expected amount of work.

USPTO Renewal Filings

Once your trademark is registered, you have continuing responsibilities and duties that arise after certain periods of time in order to maintain your trademark registration with the USPTO:

Five Year Mark

Around the fifth year after your trademark registration, you should file a Section 8 and 15 Declaration of Use and Incontestability. This declaration must be filed within the six year period after registration.

The USPTO charges a $325 fee for a combined Section 8 and Section 15 filing per class.

We charge $345 for our time on a mark in one class of goods or services and $445 for our time on a mark in more than one class.

Ten Year Mark

Between the ninth and tenth years after registration and every ten years thereafter, you must file a Section 8 Declaration of Use and a Section 9 Renewal Application.

The USPTO charges a $425 fee for a combined Section 8 and Section 9 filing per class.

We charge $345 for our time on a mark in one class of goods or services and $445 for our time on a mark in more than one class.

Policing Your Trademark

Trademark owners must police their mark and stop infringers who are using their mark or a confusingly similar one.  If a trademark owner does not do so, it can be deemed to have lost its rights.

You should police your trademark to ensure that no other user is encroaching on your rights. Begin by simple searches on search engines and by setting search engine alerts, such as Google alerts. Search state business entity names, or consider engaging a “trademark monitoring service” such

If you find infringement, we offer several non-legal solutions to attempt before resorting to litigation.

For example, if you find a violation via Google you can file a complaint with Google.  Google will generally investigate whether the infringing use of the trademark violates their company policies. They will not, however, investigate the use of keywords.

You may also send a “cease and desist” letter.  We have had success sending these letters especially if the trademark infringement was accidental or unknowing. Finally, a “Notice of Intent to Sue” with a draft complaint attached shows you intent to protect your trademark and will litigate if required.

If you do find a legal remedy becomes necessary, you must seek an injunction and file a lawsuit against the infringer. 

We are happy to discuss your options and help you map out a plan of attack against trademark infringers. 

Using the Trademark “™” and “®” Symbols

According to the United States Patent and Trademark Office, you may use the “™” (trademark) designation to publicize your claim without registration. However, you receive more rights and benefits with federal registration, after which you may use the symbol “®.” The registered symbol may only be used in connection with the goods listed in the federal registration during the time the registration is valid. Most businesses put the symbol in the upper right corner of the mark, but such placement is not required.

More information on maintaining your trademark can be found at the United States Patent and Trademark Office’s website,

Frequently Asked Questions

A trademark is a name or symbol used to describe the goods or services of a company.  Some famous examples include Google, McDonald’s golden arches, Nike’s swoosh and even the NBC chime.
The benefit to registering is that it gives nationwide trademark rights so that if someone else comes along to adopt the same or a confusingly similar mark for the same or similar goods or services, the owner of the trademark registration can stop that infringing use.
Yes, and the way to do that is we file an “intent to use” application with the Trademark Office for an extra $100 fee.  That gives you a 6 month placeholder in which you can then file your trademark application.  You must actually be using the mark to promote goods and services though to obtain a federal trademark registration.
Yes, the most important guideline to keep in mind is to make sure the trademark is fanciful and does not describe the goods or services at issue.  This rule often strikes people as odd.  But if you come up with the name “blue jeans” or “advertising banners” to describe blue jeans or advertising banners, you will not get a trademark.  The more fanciful the trademark, the stronger the protection.  So a mark owner literally wants to misdescribe its goods or services in the mark it picks to get the most protection.  For example, if a company came out with “Avocado Healthcare” “Avocado” would be a fairly strong mark because it does not describe health care. 
A trademark search is to determine if there are any prior users of the mark or a confusingly similar mark for the goods or services for which you want to register your mark.  If so, then it is good to know that up front so you can just pick another mark.
Yes, the Trademark Office can issue what is called an Office Action.  An Office Action may be to ask for a minor technical correction in the Trademark Application.  Or it could be something more serious.  For example, the Trademark Office may question whether the mark is fanciful enough to be entitled to be registered.  Or the Trademark Office may question whether the mark a business wants to register is too similar to a mark that is already registered by another business to promote the same or similar goods or services.  If the Trademark Office issues an Office Action, it is our job then to try and draft a reply to overcome the objection and take the mark to publication and ultimately, registration.
Unfortunately no.  Even though a trademark applicant may clear any Office Actions, which means the Trademark Office will then publish the mark for 90 days to give notice if anyone else wants to object to the trademark.  If so, the objector can file an Opposition to the trademark application which then has to be litigated before the Trademark Office.  Fortunately, Oppositions are fairly rare and if a mark clears any Office Actions and goes to publication, that usually means the Applicant will succeed in obtaining a federal trademark registration.

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