Federal trademark applications
A federal trademark application is a trademark application
that is filed through the United States Patent and Trademark
Office (USPTO). You can file a federal application online
via the USPTO website- use
this form. While it is possible to file a trademark application
yourself, your filing fee is non-refundable. Any errors or
omissions in your original federal trademark application
can possibly harm your future trademark rights. Approximately
half of our new clients have filed trademark applications
themselves, and require assistance responding to communications
from the USPTO. Often there are errors with these original
applications that cannot be changed or modified. If we prepare
and file a federal trademark application for you, we will
help to avoid these potential pitfalls.
You can file several types of federal trademark applications.
The two most common are:
A use-based trademark application is generally less expensive
for the entire trademark process, however it is often recommended
to file a trademark application before actually using the
mark.
Once the trademark application has been filed, it will take
approximately 7-9 months before the application is reviewed
by the USPTO. The USPTO does not "rubber stamp" applications,
so they often look for reasons to reject trademark applications.
The most common rejections are that the mark is similar to
existing marks, or that the mark is merely descriptive of
the goods/services covered by the application. Much of the
time these rejections from the USPTO can be overcome through
legal arguments. There are additional steps for "trademark
prosecution" (review and approval by the USPTO), which is
described in further detail on our Trademark
Process page.
Your federal trademark application will give you stronger
rights than a common law trademark or a state trademark application.
A federal trademark application, once it proceeds to a federal
trademark registration, will protect your mark throughout
the United States. This federal trademark application can
also be the basis for filing trademark applications in other
countries (generally within the first 6 months from filing
the federal trademark application.)
To prepare and file a basic trademark
application, including
a consultation with a trademark attorney, our firm charges
$400 (plus USPTO filing fee of $325). For each additional
class of goods or services, our firm charges $100 (plus USPTO
filing fee of $325 per class).
Our services for filing a basic federal trademark application
includes reporting your filing,
docketing reminders
for your
application,
and
reporting
any
correspondence
received from the USPTO regarding your trademark application.
The consultation before filing your trademark application
will include a discussion about claiming the broadest scope
of goods and/or services that you wish your mark to cover.
We can additionally discuss what type of filing basis to
use, and what type of trademark application to file.
To schedule a free discussion regarding trademarks, fill
out the form on this page, or call our trademark lawyer at
858-350-3124 (San Diego) or
toll
free
at
800-361-1961.
For additional trademark information resources, please visit
our trademark resources
page. |
