For a regular trademark application.
What is this?
This is a regular US TRADEMARK APPLICATION, and gives pending status and other kinds of protection, and it can also mature into a registered US Trademark. While pending, you can market, sell, and distribute your invention under the trademark, and use the phrase “TM” in connection with your mark to assert your rights.
What does the “regular” part mean?
A regular trademark application would be a “word” mark that requires no special drawings. This type of trademark offers the best protection overall, in our experience. If the trademark is a combination mark with a picture along with the words, then a formal drawing may be required. If you provide it, then there is usually no additional charge. Or, we can get the formal drawing at an additional cost of $110.
Why would I want it?
You would want this before showing it to competitors, and so you can show it at trade shows, and offer to sell or license it to corporations. It is an excellent form of protection, especially for goods or services that are not covered by a pending patent or an issued patent. Once granted, it gives rights throughout the US, and permits filing in foreign countries. Most importantly, it prevents your competitors from simply copying your trademark and registering it themselves!
Do I need a formal Trademark Search?
Strictly speaking, no. Even so, we do a free trademark search, using the computer records of the US Trademark Office. This also gives the proper wording for the international classification, and for the description of goods or services. It is free! If we find an identical trademark, we will show you so you can pick another trademark. If you need a “formal” trademark search, though that is not usually necessary, we would be happy to provide an estimate for that service, which requires a much greater effort and expense.
Do I need to wait for an actual granted Trademark registration before marketing and selling my products or services?
No! Once you file the trademark application, there is no need to wait! The filing of the US Trademark Application secures your rights against later copying and other imitators.
But, it does not necessarily protect you if you are infringing the superior trademark rights of another. The pending US Trademark Application helps attract investors, impress potential customers, and is very important if the products or services are profitable or successful.
What are the other costs and government fees?
The US Trademark Office charges a government fee, found on the government web site www.uspto.gov. There are a variety of types of charges, but you should expect a government filing fee of $375. We do not charge for photocopying, mailing, or other charges. We are happy to look at your trademark, and will give you a fixed price estimate, at no charge or obligation.
I want to proceed! What do I do?
To proceed, you would need only to (a) send us your trademark for a free confidential review including a free search, (b) if you are happy with the estimate and there are no prior identical trademarks, send a check for the amount noted above ($225) and we will prepare the draft trademark application and send it to you for signature. You can make revisions and changes, and we will send a revised version at no further charge. (c) Return the signed and dated application papers, together with the government filing fee by check made out to “Commissioner for Trademarks”. (d) When we receive the signed and dated trademark application, we attend to filing it with the US Trademark Office.
It‘s that easy!
If you need or would like more extensive business/invention coaching, we can offer that too, at an additional charge. See our business center section for details!
What happens after the Trademark Application is filed with the US Trademark Office?
The pending trademark application is examined, responses or amendments might be filed, and the trademark may issue as a registered mark. These are discussed in greater detail in other sections under the headings “trademark” and also “trademark application.” Some of these items may incur further costs, such as the cost of possible amendments and responses. We keep any further charges as low as possible, and we always give a fixed fee estimate in advance.