Michael J. Foycik Jr., Esq.

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A registered trademark can in principle last as long as the owner wants it to last, by renewing once every ten years. After the fifth year, though, a section 8 & 15 Declaration is needed, which is a combined statement of use and incontestibility.

To file a US trademark application, it is necessary to prepare the application. The application names the Applicant (owner), names the goods or services to be covered, and identifies the trademark. It also selects between actual use, and intent to use. It is also necessary to pay the government filing fee, which ranges depending on whether the goods/services fall within one of the government-specified categories, and whether or not more than one category of goods/services is being claimed.

A US trademark application can be based on either actual use, or simply on intent to use. The filing fee is the same either way.

Every US trademark application is examined, and compared with the prior trademarks. There is never a guarantee of success in any given trademark application. We can provide a free, informal search of the online US trademark office database of registered and pending trademarks; however, even if a trademark appears to be clear, there is a chance it could be rejected.

Please call for a cost estimate or other information. There is no risk or obligation.

See other portions of this site for detailed information about other aspects of trademarks, such as trademark litigation, trademark oppositions, trademark amendments, and trademark licensing. Also, see the official government site at www.uspto.gov, for more details about laws and procedures.