In the US, trademark rights are created through use of the mark in commerce. Such rights are known as common law trademark rights. You can use the TM symbol next to trademarks and the SM symbol next to service marks before they are registered. Registration is optional but creates several extremely important rights and remedies that do not exist with common law trademarks.
What we can do for You
We can evaluate your mark(s) to determine if they are registrable with the US Patent and Trademark Office.
A word trademark is a trademark that consists of standard characters that does not include stylized letters or other design elements. Normally it is preferable to obtain a word trademark first, before obtaining a design trademark because a word trademark registration generally provides broader coverage than a design trademark that includes the word trademark as the dominant portion of the mark.
For a word mark, we can have a full US search conducted of federal, state and common law Internet sources. Then we review the results and prepare an opinion on registrability so you have a clear idea whether or not you can obtain a registration for your mark and whether you may have conflicts in the future.
The fee and cost to have a full US search including federal, state and common law Internet records, including an opinion on registrability for a word mark is $495 per class and $395 per additional class.
A design trademark includes a graphical design or stylized lettering.
For a design mark, we search the US trademark office records for similar trademark applications and registrations. Then we review the results and prepare an opinion on registrability so you have a clear idea whether or not you can obtain a registration for your mark and whether you may have conflicts in the future.
The fee and cost for a US search for design marks, including an opinion on registrability for a word mark is $925 per class and $525 per additional class.
You can also conduct your own search at the US Patent and Trademark Office Website before hiring us to conduct a more formal search and prepare a formal opinion on registrability.
Because the cost to file a trademark application is relatively inexpensive, you may decide to have the application filed without having a formal search and opinion prepared.
Trademark Applications for Word or Design Mark
The legal fee, including the government filing cost for preparing and filing a trademark application for a single class of goods or services is $495.00 plus the government filing cost of $275.00. Not only does this include preparing and filing the application, it also includes a preliminary review of the US Trademark Office online records and docketing reminders to alert you of upcoming deadlines.