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Protect, so you can prosper

 The Trademark Process

The Trademark Process does not have to be overwhelming or scary. We handle all trademark matters on a flat fee basis and remain in contact with you through the whole process. We provide information in words you can actually understand and empower you in the process. Get your free trademarks checklist here!

Our flat-fee pricing guarantees no surprise bills!

 
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Are you ready to protect your brand? If so, the steps below outline the process each new trademark must go through for registration. Don’t worry, we will help you each step of the way as part of our flat fee.

Step One

SEARCH & OPINION LETTER

This is where we do a deep analysis of your mark to ensure it has a strong chance of proceeding to registration. We analyze availability and eligibility and return the results in a report.

Step Two

APPLICATION FILING

Once you give us the green light after receiving your report, we then file your application with the USPTO office.

Step Three

EXAMINING ATTORNEY ASSIGNED

In approximately 3 months after filing, your application will be signed to an Examining Attorney (EA). The EA will be the attorney who will analyze and review your application and mark.

  • Sometimes the EA will issue a request for more information in the form of an Office Action. Office Action comes in 2 flavors: Substantive and Non Substantive

  • Substantive Office Actions come in the form of refusals. These require legal analysis and potentially drafting.

  • Non-Substantive Office Actions are common. These are usually requested for clarification of goods or services, proof of use, address clarification, and more. These are included in your flat fee.

Step Four

PUBLISHED FOR OPPOSITION

About 4-6 months after your application has been filed, and all office actions have been resolved, your trademark will be published for opposition. This is a period of 30 days where your mark can be opposed by anyone who might have a claim for the same or similar name.

Step Five

REGISTRATION

If no one opposes your mark, 11 weeks after your mark is published for opposition it will register! That means you will own a Registered Trademark!

Flat Fee for a New Trademark: $1,850

Includes filing fees for one class!


Step Six: Enforce It

* Does not include filing fees.

 
 

Get your free trademark checklist!

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  • A Trademark protects your brand, adds value to your business and is a powerful tool for brand recognition.

    What happens in the Trademark process?

    Trademarks go through many steps before they are registered. Check out our handy process chart to learn more about the process.

  • When you work with us, we keep a close eye on your mark and all deadlines. We provide updates when your mark moves through the process to ensure you are in the loop each step of the way! Our goal is to ensure you feel empowered in your business and the process.

  • Trademarks are a Federal practice, so it does not matter which state you are in. We work with clients from across the nation and the globe!

  • After we receive your (i) agreement (ii) payment and (iii) intake form we start working on your file within 5 business days.

  • When you agree to retain us, we will send you (i) an attorney-client agreement for electronic signature (ii) an invoice, and (iii) an intake form/ questionnaire. We need all of these to begin work on your file and establish you as a client.

  • Search report and opinion letters are sent within 14 days after we have received all the necessary onboarding documents, including the intake form.

  • Your search and opinion letter will identify the risk of your proposed mark. This risk can be high, moderate, or low. After you read the report, please let us know if you would like to proceed with filing your trademark.

  • Trademarks are filed with the United States Trademark and Patent Office (USPTO). An Examining Attorney (EA) is assigned to your trademark file.

  • The USPTO is taking anywhere from 4-6 months to review applications. Your application will still be queued and held in line.

  • An office action is just a request for more information from the USPTO. Office Actions can range from a simple disclaimer to a refusal. We will guide you through this process and ensure you understand it each step of the way! These are very common and nothing to fret over.

  • When you are represented the USPTO will not speak to you. They will talk to your attorney that is appointed on your file.

  • Once your Trademark is filed with the USPTO it can take a while before we hear anything from the USPTO. But we will always update you on your file AND you can always reach out and ask us for an update at any time!

  • We don’t believe in nickel and diming people or tacking every little minute. What that means is that when you pay the Flat Fee full Trademark Service + Filing Fee you get the 1. Search and Analysis 2. Opinion Letter 3. Filing of the Trademark and 4. Docketing (watching) all deadlines and 5. Communicating with the USPTO on your behalf (i.e. being your lawyer and taking the work off of you!

  • This is where we dig deep. We not only search the trademark database, but we look for anything that sounds similar, looks similar, or could be confused with your proposed trademark. We also analyze the name of your trademark for other potential refusals, like the name being considered too descriptive or generic. You will receive an opinion letter and a detailed search report with this information, and potentially an email with more of an explanation if applicable.

  • The flat fee for a new trademark (search through registration) is $1,500. This includes all the steps except for substantive office actions (which are rare) and oppositions, which again, rare.