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 Preliminary Search – $299
(included if you proceed with the trademark filing)

Before filing a trademark application, you should research whether or not that trademark is already taken. If you don’t, you could waste time and money on application fees and branding your merchandise. You could also be sued by the trademark owner for using their trademark. Doing your research first helps avoid those problems.

The research you’d perform is called a “clearance search.”  It can be broken down into two phases: (1) an initial search of the exact word or phrase you’d like to trademark (a “knockout search”) in the United States Patent & Trademark Office (“USPTO”) federal database; and (2) a more thorough search across many databases (called a “comprehensive search”).

Our preliminary search goes beyond an ordinary knockout search, but isn’t as extensive as a comprehensive one.

We also let you choose up to 2 words or phrases you’d like us to run preliminary searches on, in case it seems one is already trademarked.

Click here to run a preliminary search without committing to the full trademark package. Note: you still should perform a comprehensive search before filing a trademark application because the preliminary search may not uncover all preexisting trademarks.

Comprehensive Search

A comprehensive search of federal, state and common law databases for one word, slogan or design you’d like to trademark.

Legal Opinion Letter

A detailed analysis of the best strategy to get your trademark approved based on the comprehensive search results.

Strategy Session

To discuss how to prepare the application based on the Opinion Letter.

File Application

We’ll file an application for a trademark that you’re currently using in one class (a “class” is a category of goods or services designated by the USPTO).  If you file based on an intent to use the trademark in future, you’ll have to file a Statement of Use within 6 months (this deadline can be extended by 6 months for a $125 fee to the USPTO; attorneys fees are separate).

Monitor Application

We’ll track deadlines and respond to non-substantive Office Actions (initial requests by the USPTO that don’t require extensive research or submitting legal memoranda).

Provide Registration Certificate

If the USPTO approves your trademark application, it will issue you a registration certificate to that effect.

*The USPTO filing fee is separate ($225 – $275 per class)

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The Trademark Process

A trademark gives you the exclusive right to use your trademark in connection with a specific product or service.  Trademarks may be granted by state governments or the federal government.  A federal trademark gives you protection across the U.S. while a state trademark is limited to that state.  We register federal trademarks.

First, we must search the USPTO’s database and other databases to make sure no one else has already registered your proposed trademark.  A comprehensive search involves searching federal, state and “common law” databases, which means resources to find similar uses of the trademark you’re proposing, even if the party that’s using it didn’t formally register the trademark.

That’s important because if there’s a Mom and Pop shop that began using the trademark before you, even if you’re not necessarily using it in the same way, they may have rights to that trademark and you can be accused of infringing on them.  Since it’s very difficult for you to find those companies on your own, we work with researchers who specialize in this type of search.

Once the comprehensive search is complete, we analyze the results (which can be hundreds of pages long).  We synthesize the research and condense it into a Legal Opinion Letter where we advise you on the best strategy for getting your application approved. We review the letter together and discuss how you’d like to proceed. We then file the trademark application and monitor its progress until it’s approved, including by responding to minor requests from the USPTO (called “Office Actions”).

Before we go ahead with a comprehensive search, we recommend performing a preliminary search to quickly see if your trademark might already be taken.  A preliminary search will save you money–and help avoid potential lawsuits–if someone else owns the trademark.

Timeline

Click here for applications based on intent to use the trademark and here for applications based on current use.
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