Comprehensive Trademark Search and Trademark Registration

• Legal Fee: $495
• U.S. Government Filing Fee: $325

Total fee: $820

• Federal trademark search performed by a trademark attorney to ensure no one has previously registered your trademark with the United States Patent and Trademark Office.
• U.S. state and U.S. common law trademark search, performed by a trademark attorney, to ensure no state or common law trademarks exist which could create the potential for a state or common law trademark infringement lawsuit.
• Attorney-drafted opinion letter detailing the trademark search results and explaining how these results could affect the ability to register your trademark rights and/or create a state or common law liability.
• Telephone consultation (up to thirty minutes) with trademark attorney Josh Gerben regarding the search results and trademark application.
• Completion and filing of your federal trademark application by a trademark attorney.
• Tracking of your Trademark Application once filed with the US Government.
• Responding to any non-substantive Office Actions on your behalf.

Why Should I Choose This Package?
Trademark law in the United States is more complicated than most individuals initially realize. For example, even if you successfully register a federal trademark, you may be surprised to find you are not the only one with rights to the trademark.  In the United States, trademark rights may also be earned through registration with any of the 50 state governments or through use of the trademark in commerce (commonly known as “common law” rights).  This means that if another individual or company has a State-based trademark registration or “common law” use of a trademark which predates your federal trademark application, this individual or company may be able to sue you for trademark infringement.  Therefore, we offer our comprehensive trademark search which, in addition to searching the US Government’s federal trademark database, includes researching all 50 states trademark databases as well as “common law” databases.  This helps to ensure there is not a pre-existing registration or use of your proposed trademark which can prevent use of your trademark in a local market and/or expose you to liability.

This service is recommended for clients who are starting a business and need to establish if any challenges exist to their trademark -- even once registration is achieved. After completing the comprehensive federal, state and common law search, Gerben Law Firm, PLLC will provide you with a letter detailing any prior use of your trademark or similar marks that could impair your ability to use your trademark.