Useful Information Articles

Everything You Need To Know About Registering Your Trademark

By Jean S. Perwin

What's Involved in Trademark Registration?

The trademark registration process begins with the selection of a name or a logo to identify the goods or services it is to represent. Name selection can be a difficult process, since many factors go into the decision. For trademark purposes, though, the more unique and the less descriptive the better. The strongest trademarks are those which are contrived or slightly incongruous--not, as many assume, something descriptive of the product or service. Be creative.

The Trademark Search

Once you have selected or are already using a name, a trademark search must be run to determine whether or not your name or logo is available for registration. We check to see whether the name or something similar is already registered or pending in the Trademark Office. We check all the state registrations too, to see if anything is registered in any of the 50 states. We get the results within 24 hours. The results of a search are generally reliable for three months.

Actual Use or Intent to Use

Once a search has been run and a determination is made that the mark is available for registration, we must determine whether to file an application based on actual use or an application based on intent to use. If you have already begun to use a mark or if you will be using the mark within six months, we will file an application based on actual use. If you have not begun to use the mark, but want to reserve it for use within eighteen months, we would file an intent to use application.

The Process

Then the application is prepared, sent to you for signature and notarization, and filed with the Trademark Office in Washington, DC.

In a few weeks we receive a file number and a filing date indicating when the application was received in the Trademark Office.

Once the application has been received, the first step is the Attorney Review Process. The file is assigned to a trademark attorney and it is reviewed to make sure everything about the application is in compliance with the trademark law. Often, the attorney will contact us with questions or requests for clarifications to which we have to respond.

The next step is publication. Each trademark is published so that the public may have an opportunity to object to the issuance of a trademark. Anyone wishing to object has 30 days to file his objections in the Trademark Office.

If no one has objected within 30 days a Certificate of Registration is issued for your trademark.

How Long Does the Whole Thing Take?

The whole process takes about nine months to one year, but you are protected from the original filing date.

How Long is a Trademark Valid?

A trademark is valid for 10 years, at which time it can be indefinitely renewed as long as it is still in use. Five years after registration, though, it is necessary to file an affidavit in the Trademark Office indicating that your trademark is still being used and you want to continue using it. If you do not file this affidavit after five years, your trademark will no longer be valid.

Cost and Fees

For a trademark registration we charge a flat fee of $1,985.00 per registration in one class. This fee includes all filing fees ($325.00 for actual use application; $325.00 for intent to use application); all search fees ($250.00); all drawing fees ($40-$120.00 depending on the difficulty); and attorney's fees. It does not included appeals from rejections of registrations.

What Do We need To Get Started?

• A copy of the name and logo.
• A description of the goods and services it represents.
• The name under which the mark will be registered -- an individual or a corporation.
• The date on which you first began using the trademark.
• Two samples of the trademark actually in use. These can include originals of labels, boxes, brochures, signs (or photographs of signs) -- anything which shows the mark as it is actually being used. All samples must be originals, not photocopies.
• A check for $1,985.00.