This summary is a brief overview of the various aspects of the trademark application process and the corresponding costs and fees involved. It is our policy to let you know from the outset and in writing what it will cost for our firm to assist you.

We highly recommend to every potential trademark applicant that a search be made of trademarks already registered at both the Federal and State level as well as those "common law" marks (unregistered) which appear in phone directories, etc., to be sure that someone else has not already used their mark. Better to find this out before an application is filed and its relative expenses incurred than afterwards. Our office charges a flat fee for a trademark search. The fee charged of potential trademark applicants covers the cost of the trademark search and various communications with the applicant before and after the search has been completed. Our searches are carried out by a private search firm which specializes in trademark, tradename, and servicemark searches. The search includes a search of all US and Canadian Federally-registered and applied-for trademarks, a common law trade names and a domain names, which includes searches of various directories such as phone directories, dictionaries and encyclopedias.

The application preparation is a relatively short process involving, in part, a determination of the type and number of classes in which the mark may be registered. The applicant usually plays an important role during this stage determining in which classes to actually register their mark.

Obviously, the time required for the application preparation will vary slightly -- depending on the number of classes in which the mark will be registered. As a means of providing a general ballpark figure for costs, we note that total billing through first submission on the great majority of applications is $900, including the PTO application fee in one class and the trademark search fee. Application preparation and submission without a trademark search is $700.

Firm Estimate: Before starting the application draft, we provide the applicant with a firm estimate of the total cost of preparing and submitting the application. This estimate covers our fees and expenses as well as the application fee charged by the PTO (currently $325 per class). It does not cover charges for anything beyond the preparation and submission of the application. Particularly, it does not cover subsequent dealings with the PTO on the application, such as review the filing receipt for accuracy or office actions, nor any other work or negotiations which the applicant requests us to do in connection with the trademark.

The firm estimate is the maximum amount for which the applicant is liable provided the applicant submits the necessary specimens, artwork for the mark, and signed documents in a timely manner.

Because the trademark application is a fixed fee, we require the total fee before preparing and submitting the application.

The applicant should affix a Ô notice to their mark (For example: AppProÔ ) on any packaging, labeling, etc., where the mark is used.

Approximately 4-8 weeks after filing, we will receive from the PTO a formal docketing notice called the Filing Receipt specifying a serial number for the application. A review of this official document for accuracy of the applicant’s data and any subsequent communication with the PTO to correct any errors are billed at our hourly rates.

10-15 months after filing, we will receive the first substantive answer from the PTO in the form of a response from an Examiner who has reviewed the application. This is called the First Office Action. In the vast majority of cases where a trademark search was conducted, the First Office Action will be a minor objection requiring disclaimers of descriptive terms in the mark. Most of the time the response is relatively short and simple. In those cases where a trademark search was not conducted, the examiner may refuse registration because of previously registered trademarks. Oftentimes arguments can be made which can overcome the examiner’s objections. In any event, the applicant -- working with us -- must decide whether such arguments are warranted.

As with the original application, the time required for the response to the PTO can vary, depending on how subtle, how extensive, or both, our answer must be. Typically, this stage of the work will cost the applicant $200 to $2,000 provided that it is completed within six months of the mailing date of the Office Action.

If all goes well, the Examiner will agree with our arguments and will allow the mark to go to publication in the Official Gazette. A Notice of Publication will be issued stating the date of publication of the mark. Anyone may oppose the registration of the mark provided that they file a Notice of Opposition within 30 days after publication. If no one opposes the registration of your mark, the application will then be docketed for final review and registration.

Approximately 3-4 months after publication, the PTO will send the official certificate of registration provided no one opposed your mark.

Between the fifth and sixth year after trademark registration, the trademark owner must file an Affidavit of Use of a Mark and may file an Affidavit of Incontestability of a Mark. In addition, the registered trademark owner must file an Application For Renewal of Registration of a Mark, an Affidavit of Use of a Mark and must pay "maintenance fees" at 10 year intervals after the initial registration date in order to retain registered ownership of the mark.

An Intent-To-Use application may be filed by an applicant for marks created but not yet in use in interstate commerce. We strongly recommend that this form of application be filed when the applicant really wants to use the particular mark and to prevent someone else from registering the same or similar mark. This may add a small expense to the overall cost of registering a trademark but is an inexpensive preventative because, except for an Intent-To-Use filing, no common law trademark protection is available until actual use of the mark on goods is made. The Intent-To-Use application has other restrictions and costs that apply. Please call for further information.