Law Office of Michael Meyer
Trademark Attorney
Understand the critical aspects of trademark filing, from conducting a preliminary search to understanding USPTO classes, and avoid unexpected costs in your brand protection journey.
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Understanding the Trademark Process
Why Conduct a Trademark Search?
Before diving into the trademark process, it’s crucial to conduct a trademark search. This step, though not mandatory, helps you avoid potential legal issues in the future. The process involves assessing your name or logo for potential confusion among consumers, ensuring the uniqueness of your brand.
How Much Will This Process Cost?
The legal fees for conducting a trademark search and filing your application are $500, excluding the USPTO filing fee. Following a successful trademark search, we then calculate the USPTO’s filing fees for your particular case.
Delving Deeper into the Trademark Process
Once we’ve addressed potential risks and you wish to proceed, we discuss the relevant intricacies of the process. Following these discussions, your trademark application can be filed.
Trademark
FAQ
A trademark is a distinctive sign or indicator used by an individual, business organization, or other legal entity to identify their products or services as unique and distinguish them from those provided by others. A trademark can be a name, word, phrase, logo, symbol, design, image, or a combination of these elements.
The registration process involves submitting an application to the relevant governmental body, such as the U.S. Patent and Trademark Office (USPTO) in the United States. The application must include a clear representation of the mark, a list of goods or services that the mark will represent, and the filing fee. It’s often recommended to conduct a trademark search before filing to identify any potential conflicts.
In the United States, a trademark registration can last indefinitely as long as the owner continues to use the mark to represent their goods or services and files all necessary documentation and fees at the appropriate times. This includes “maintenance documents” which need to be filed between the 5th and 6th year after the initial registration, and every 10 years after that.
The TM symbol stands for “trademark” and is typically used for goods, while SM stands for “service mark” and is used for services. Both of these symbols can be used whether the mark is registered or not. The ® symbol, however, can only be used once the mark is officially registered with the USPTO. It’s illegal to use the ® symbol if the mark isn’t officially registered.
Key Aspects of the Trademark Process
What are the Standards for Filing a Trademark?
There are two main standards for filing a trademark. The first is for brands already in commercial use, and the second is the “intent to use” standard for brands yet to be commercially used but intended for future use.
The Role of a Specimen in Your Trademark Application
A specimen is a photograph of your good or service in commercial use, required in the trademark application process. It could be your product with your name and logo on it or your service accessible or purchasable on a website.
Understanding Trademark Classes of Goods and Services
The USPTO categorizes goods and services into different classes, each costing $250 for protection. To make the most of your resources, it’s advisable to limit your classes to ones you plan to engage in.
Ready to get your trademark started?
I have been involved in over a hundred trademark applications, and I would enjoy helping you take the first step towards securing your brand’s identity today!
I’m ready to guide you through every phase of the trademark process, helping you avoid potential legal pitfalls.
Don’t wait – contact me now to get the ball rolling on your trademark application and pave the way for your brand’s success.
Additional Important Trademark Facts
Why Might Your Name and Logo Count as Two Trademarks?
Typically, your brand name and logo are considered two separate trademarks, each requiring a unique trademark search. This distinction is important to keep in mind to avoid unexpected costs.
Can Two Brands Share the Same Name?
Yes, but conditions apply. As long as the two brands operate in different classes of goods and services, the USPTO generally allows such filings. However, a well-known brand may have broader protection, potentially causing issues for similarly named brands in different classes.
