Trademark Law

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 symbol 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, design/logo, phrase, etc., in question.

"Because trademark registration typically only involves U.S. federal law, I can assist you regardless of your location." - Trademark attorney Jonas M. Grant

The federal trademark registration process ideally involves at least two steps, although the first of these is recommended but optional.  First, Attorney Grant conducts a comprehensive trademark 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 $795 and up for a word mark searched in the United States and - due to the more complex search required - $995 and up for a logo mark, in one class of goods or services.  Additionally countries generally do not need to be searched for a U.S. registration, but these services are available when required by the circumstances.

A preliminary U.S.P.T.O.-only trademark knockout search may cost as little as $400 and seeks to identify any "direct hit" conflicts prior to filing an application for registration or a precursor to a comprehensive search.  In some circumstances or by client preference, all pre-filing trademark searches can be dispensed with, as neither the firm nor the Trademark Office requires any searches prior to filing a trademark application; however, such a filing is made "in the dark" without full knowledge of the relevant trademark landscape.

If, after consulting with Attorney Grant, you determine to file based on the search results, or forego a search entirely, then, step two, he will prosecute the registration with the United States Patent and Trademark Office (USPTO) up to a final determination letter, typically a 12 month minimum 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).

"Filing a trademark application at the USPTO starts a legal proceeding. Most applicants hire an attorney .... A private trademark attorney can help you before, during, and after the trademark application process, including policing and enforcing any trademark registration that may issue. While you are not required to have an attorney, an attorney may save you from future costly legal problems." - U.S. Patent & Trademark Office

Here's what sets us apart from other trademark registration law firms:  The flat legal fee for prosecuting an application for registration in one trademark class of goods/services starts at $1,500 for a word mark based on Mr. Grant's prior search and opinion; otherwise, as a stand-alone service (no recent attorney search and analysis) and/or for a logo mark, the legal fee is generally $1,750 and up.  Flat rate trademark legal fees include domestic telephone, fax, postage, and office supplies and also include the USPTO filing fee for one class of goods or services.  Amendment filings to allege use, where the goods/services are not yet in use in commerce when the trademark application is filed, and additional classes of goods/services, each 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 trademark law firms charge additional hourly rates for these routinely-needed services, so whatever fee they quote initially is rarely the final fee - and may not include the applicable filing fees, either).

No specific result from the USPTO can be guaranteed, and appeals from a negative final determination are billable on an hourly basis.  Trademark Trial and Appeal Board (TTAB) opposition, cancellation proceedings, appeals, trademark litigation/mediation/arbitration/negotiation, 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, co-existence and concurrent use agreements, and in certain other circumstances.

Post registration, our trademark maintenance program ensures your mark is properly maintained and timely renewal filings are made, included in the maintenance package flat fee.

Cease and desist letters to infringers may often be handled on a flat fee basis for $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 $400 per hour.

California trademark registration and California service mark registration and Nevada trademark and service mark registration services are also available.

Trademark Maintenance

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See also: California Trademark Attorney / Service Mark Lawyer

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