Trademark Packages
They are the names, logos and slogans that identify your company and separate you from your competition. They symbolize your brand, your products, and your services. Not only do your existing customers rely on them for brand loyalty, but they also use them to refer other potential customers. They are your trademarks and nobody knows how to protect them better than Protectamark™.
To get started with a search and application package, select either the Already-in-Use Package or the Intent-to-Use Package. Not sure which package you should choose? Click on the links below or simply give us a call at (800) 684-MARK [6275] for a Free Consultation.
WHICH ONE SHOULD I CHOOSE?
This might seem like a straightforward issue, but it is one of the most common mistakes that brand owners make when registering their trademarks on their own. If your trademark is not yet in use, then you obviously file on an intent-to-use basis. However, if you file on an already-in-use basis, but your trademark is only in use for some, but not all, of the goods and services included in your application, then you can actually invalidate your registration. In that situation, you need to file on an intent-to-use basis. The good news is that filing on an intent-to-use basis begins your rights immediately and prevents future users and filers from blocking your trademark application.
WHY THE PRICE DIFFERENCE?
Other services charge the same regardless of whether you are already using your trademark (“Already-In-Use” package [LINK]) or are planning to use your trademark in the future (“Intent-to-Use”). Protectamark™ does things differently (better) and passes savings along to our clients whenever possible. Because an Already-In-Use application requires more work at the front-end (i.e., determining dates of first use, evaluating evidence of use, etc.), Protectamark™ charges $100 more. With Intent-to-Use applications, you must eventually prove use to the Trademark Office through the filing of a Statement of Use [LINK] – so there will be additional work and fees later. However, unlike other services, because there is less work at the time of filing – Protectamark™ passes those savings along to you.
WHAT IS THE GOV’T FILING FEE?
The Trademark Office charges a filing fee for each “class” of goods and services that is included in your application. If you adopt the Trademark Office’s standardized descriptions, the fee is $225 per class. If you craft your own description, the fee is $275 per class. Protectamark™ does things differently (better) and doesn’t use canned language. Why? Because crafting your own descriptions typically results in broader protection. For example, your application can cover “metal storage cabinets” for $225 or “storage products, namely, storage cabinets, storage containers, storage racks, and storage shelves for both commercial and residential purposes” for $275. Services quoting $225 filing fees are telling you up front that they plan to use canned descriptions without regard for the scope of your rights.
DO I HAVE TO DO A SEARCH?
Beware of any service that offers to file your application without first performing a trademark search. Without a search, you will not know if there are any prior trademarks that might block your application. Because the Trademark Office will not examine your application for several months after filing, you may have already put significant resources into your mark before you learn there is an issue. A search not only helps to uncover potential issues, but also allows Protectamark™ to prepare your application in a way that seeks to avoid possible pitfalls while maximizing the protection for your business.
WHAT’S INCLUDED?
Trademark Search: A Trademark Attorney will conduct a trademark search to determine if there are any prior trademark applications or registrations that could block your application. If the search shows a conflict, then you have two options. For intent-to-use trademarks, Protectamark™ will conduct a second trademark search at no additional charge. However, if you are already using your trademark, then a trademark attorney will counsel you on the best way to protect your brand and avoid future litigation.
Preparation of Trademark Application: A trademark attorney will arrange a telephone consultation to discuss the search results and the details of your trademark application. Your trademark attorney is also a trial lawyer who knows the issues that come up when you are defending or enforcing your rights. Unlike those self-help services and trademark filing mills, your application will be prepared with those issues in mind and with the aim of getting you the broadest possible protection.
Filing of Trademark Application: Once you have approved and signed the trademark application, you will pay the $275 per class filing fee. Protectamark™ will then file your trademark application with the Trademark Office. Tracking Your Trademark Application: Protectamark™ will track your trademark application after it has been filed and throughout the prosecution of the application.
Examination by Trademark Office: Several months after your application is filed, an Examining Attorney at the Trademark Office will review your application. It is possible that the Examining Attorney could raise issues ranging from procedural matters (such as disclaiming rights to certain words or clarifying the goods and services) to substantive refusals (such as descriptiveness or alleged confusion with another mark). If the Examining Attorney raises an issue, a trademark attorney will consult with you at no additional charge. Protectamark™ will also provide a reasonable flat fee estimate for filing legal arguments against any such refusals.
Publication: Once your application has made it through the examination process, the Trademark Office will publish the details of your application in the Official Gazette for thirty (30) days. This is done to give third parties the opportunity to challenge the application (i.e., your right to register your mark). Tracking your application through to publication and monitoring your application through the publication process for any third party objections is included in the Flat Rate. Also, if a challenge were to arise, a trademark attorney will consult with you and discuss your options at no additional charge.
Registration / Notice of Allowance: If you filed on an Already-In-Use Basis and proved use at the time of filing, then you will receive your Certificate of Registration at this stage and your trademark will then be registered. However, if you filed on an Intent-To-Use Basis, you will receive a Notice of Allowance allowing you six months to make and prove use of your mark. Once you have started use, a trademark attorney will work with you to prepare and file a Statement of Use [LINK] at a reasonable flat fee. If you need additional time beyond the initial six (6) months, you can file up to five (5) requests for an additional six (6) month extensions [LINK] – 36 months total – each with the payment of a flat fee. Once your Statement of Use is approved, you will then receive a Certificate of Registration.
