A trademark is, in essence, a brand name of, or image or slogan representing, a company, a product, or a service. A trademark representing a service is called a service mark. The familiar ® symbol represents a successfully federally registered trademark or service mark not legally be used with unregistered marks, for which a TM or SM is appropriate.
Registration prevents others from using an identical or confusingly similar name or identity in the same area of commerce, thus protecting your good will and association with the name, logo, phrase, etc., in question.
The federal trademark registration process involves at least two steps. First, Attorney Grant conducts a comprehensive search of federal, state, common law, Internet databases, business directories, and international sources, as needed, analyzes the results, and render an opinion of the likelihood that a particular mark can be successfully registered. The fee for this service is generally $600 for a word mark and - due to the more complex search required - $850 for a logo mark. If requested, a top-of-the-line Thomson & Thomson search or a formal written opinion on registrability are each at additional cost.
A comprehensive trademark search only without any legal advice may cost as little as $300, depending on whether the mark is a word or logo mark, the numbers of classes involved, and whether an international search is also required.
California trademark registration and California service mark registration services are also available.
If, after consulting with Attorney Grant, you determine to file based on the search results, then he will prosecute the registration with the USPTO up to a final determination letter, typically a 9-12 month process (although the filing date establishes your priority over any who later file a conflicting mark, assuming your mark is ultimately registered by the USPTO).
"WARNING: Filing a trademark application is a legal proceeding that requires you to satisfy many legal requirements within strict time deadlines." - U.S. Patent & Trademark Office
The legal fee for registration of one trademark in one class of goods/services starts at $1,150 if based on Mr. Grant's prior search and opinion and if for a word mark; otherwise, as a stand-alone service and/or for a logo mark, the legal fee is generally $1,250. Flat rate trademark legal fees include domestic telephone, fax, postage, and office supplies, as well as the USPTO filing fee for one class of goods or services. Amendments to allege use filings, where the goods/services are not yet in use in commerce when the trademark application is filed, require additional legal and USPTO fees. If comparing this flat fee to others, be sure you are comparing apples to apples by accounting for the fact that the Law Office of Jonas M. Grant's flat rate trademark filing fee includes legal advice and counsel, the government filing fee for one class of goods or services, and prosecuting the mark up through a final determination including responses to substantive and non-substantive office actions (most firms charge additionally hourly rates for these routinely-needed services).
No specific result from the USPTO can be guaranteed, and appeals from a negative final determination are billable on an hourly basis. TTAB opposition, cancellation proceedings, appeals, trademark litigation, and Madrid Protocol international trademark registration services are available, but are not included in the standard flat fee. Additional fees apply to intent-to-use applications and in certain other cirucumstances.
Cease and desist letters to infringers may often be handled on a flat fee basis for $300-500. Trademark litigation, arbitration (including Internet domain name UDRP arbitration), mediation, opposition and cancellation proceedings, and other related legal work is generally on an hourly basis at $300 per hour.
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See also: California Trademark Attorney Service Mark Lawyer
