Archive for August, 2009

How to use Trademark Symbols

Wednesday, August 12th, 2009

Trademark symbols are a common tool utilized by business owner’s to protect their product names, goods, or services. The most common symbols are the following: the trademark symbol (“TM”), the service mark symbol (“SM”), and the registered trademark symbol (“®”). Although these symbols are often used interchangeably, it is important to understand the distinct differences that exist between them.

Both the trademark symbol (“TM”) and the service mark symbol (“SM”) can be used prior to obtaining trademark registration. However, the difference between the two symbols lies in what each represents. For instance, the trademark symbol should be used if your trademark is representing goods or a product. On the other hand, the service mark symbol should be used if your trademark is for services you intend to provide for your clients.

While the trademark symbol and the service mark can be used before a trademark is registered, the registered trademark symbol (“®”) should only be displayed once you have received a trademark registration certificate from the United States Patent and Trademark Office. The registration certificate is granted after you trademark application has been approved. Business owners use the symbol to acknowledge that their good or service is currently protected by a federally registered trademark.

For more information on how to achieve registration for your trademark contact Trademark Attorney Josh Gerben by visiting www.TrademarkArmor.com.

How Much Does It Cost To Register A Trademark?

Friday, August 7th, 2009

An important element of the trademark registration process is understanding how much it costs to register a trademark.  There are essentially two fees you should be concerned about:

  1. How much will the lawyer charge to conduct a trademark search and draft your trademark application;
  2. How much will the U.S. Government charge to file the trademark applications (to register a trademark you are filing an application with a United States Government entity called the United States Patent and Trademark Office).

As of August 2009, I charge an affordable flat legal fee for my services of either $195 or $475 depending on the package of service you prefer. For $195, I will conduct a basic trademark search and draft and file your application. This option includes a federal trademark search in which I will determine if anyone has previously registered your trademark. While this search is extremely thorough, I would suggest the comprehensive trademark search package which is $475. This second option is considered a full legal clearance because it looks for any trademarks that could present a legal issue.  In addition to searching federal trademark databases, it searches state and common law trademark databases.  This is because if another company has registered a similar trademark at the state level, or has developed common law rights in the trademark, this company may be able to sue you for trademark infringement even once you file your federal trademark application.  Therefore, the comprehensive search results come with a letter from my law firm detailing all the legal risk associated with your proposed trademark.

The government filing fee to register a trademark is $325 or $275 per class of goods and/or services. The difference in price depends on a number of factors, however, I can normally qualify my clients for the reduced filing fee of $275.

Therefore, the total cost to register a trademark is:

  1. The Legal Fee, plus,
  2. The U.S. Government Filing Fee.

For more information on how much it costs to register a trademark please view all options on our Trademark website a www.trademarkarmor.com.