A trademark can be many things — even sounds or smells. By definition, a trademark is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, which identify and distinguishes the source of the goods or services of one party from those of others.
It is obviously important to consider whether a trademark that you plan to use is already registered or is in use on the Internet. It is equally obvious that you would likely want to secure rights to a corresponding domain name before you invest time or money in the use of a candidate trademark.
Determining Trademark Registrability
You can conduct a preliminary trademark search here. If the results of the preliminary search are favorable, you should still consider having a full search conducted at the US Patent and Trademark Office so that the results are based upon a complete data set and are current.
Once you have determined that a mark is not in use on the Internet and the corresponding domain name is available, you should have a trademark registrability search conducted at the United States Patent and Trademark Office. The registrability search will provide you with current information about existing trademark registrations and applications for trademark registration. It is usually not enough to rely upon the records available on the Internet as they are not as current as the public records available at the United States Patent and Trademark Office.
The legal fee, including the government filing cost for preparing and filing a trademark application for a single class of goods or services is $995.00.
Click here for answers to many common questions about trademarks.
If you need assistance with :
- Responding to an Office Action;
- Filing a Statement of Use (for Intent to Use based applications);
- Filing a Request for Extension of Time to File a Statement of Use;
- Filing a Renewal Application;
- Responding to a Notice to Cease and Desist.
Or other Trademark related services not specifically listed, CLICK HERE.
If you have further questions, please contact our office. We will be glad to provide you with a complimentary 30 minute consultation concerning patents or any other intellectual property matters.