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
  • Opposition Filings with the Trademark Trial & Appeal Board
  • Petitions to Cancel Trademark Registrations

Initial Research and Investigation

Once you have selected a trademark, we will begin our initial research and investigation into the registrability 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 using our hourly rates for our initial research and investigation time, subject to a $495 minimum, whether you engage us to file a trademark registration or not. The time will vary significantly from mark to mark and can not be known up from until we perform our work to do the research/ investigation on a given mark.

We normally perform all of the work for the initial research/investigation in-house.  However, if instead we purchase a trademark search from a commercial search company, we pass along their search fee (normally $299) and charge our hourly rate (normally in $1,500 – $2,500 range, depending on time and difficulty) per search for our time to review the search results.

If we perform additional work beyond the normal scope of our initial research/investigation, such as reaching out to another trademark owner to enter into a Consent or Co-Existence Agreement, we bill such time at our hourly rate.

Trademark Application and Fees

First, before applying for a trademark, we perform initial research/investigation, which we describe further above, along with the associated 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 $250 filing fee per class charged by the USPTO plus a $495 registration fee for our work (plus the research/investigation fee described above). 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 $495 fee at the time of filing the Intent to Use and an additional $100 fee when we allege use. The USPTO also charges their $250 filing fee per class and extra $100 filing fee per class 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.

Trademark Renewals

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 $425 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 $525 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.

Trademark Protection

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,

Ask us how to Trademark and Franchise your Brand!

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