While there a lot of companies that claim you can get a trademark by “doing it yourself,” the trademark registration process is much more complicated than it appears.  First, a proper trademark search must be completed.  I say proper because it is easy to go on the Web and conduct what you think is a proper trademark search.   Unless you have an attorney conduct the trademark search and give you a legal opinion on the trademark search results you will not know if you can get a trademark or not.  There are too many potential pitfalls to detail in this blog, but I have seen them all.  If you do not hire an attorney to conduct your search it is akin to self-medicating.  Some people will always do it, but doctors go to medical school for a reason, and lawyers go to law school for a reason.  Please leave your trademark search to a professional.

The second step to get a trademark is the filing of an application with the US Government.  This is a legal document that should be completed by an attorney as well.  Once the trademark application is filed with the US Government, a US Government trademark attorney will review your application and determine if your trademark registration request can be approved.  This process can take 6-8 months.  If the US Government approves your trademark registration request you will be mailed a trademark registration certificate.

In a nutshell, that is how you get a trademark.  For more information, please call my offices at 1-877-350-6275.  You may also visit our home page for more information on how to get a trademark at http://www.trademarkarmor.com

At Gerben Law Firm we try to make the trademark registration cost as low as possible.   As a potential client, you should understand that hiring anyone who is not a lawyer to conduct your trademark search and draft and file your trademark application is extremely risky.  There is a high likelihood that your application will be denied using a service such as Legal Zoom (I get a lot of calls from their dissatisfied customers).  Moreover, please do not believe that you can conduct a “free trademark search” and determine whether or not your trademark is available for use.  There is a lot that goes into conducting a proper trademark search that is impossible to do online.  Our search uses special software and is conducted by an attorney.  There is just no replacement for this type of search.   I have seen too many people rely on a free trademark search to file their trademark, only to have it rejected from the US Government (and thus lose all the fees they paid to have the trademark filed).

The cost of trademark registration at Gerben Law Firm as of February 14, 2010 is as follows:

Legal Fee: $495 Flat Rate (includes comprehensive trademark search and drafting and filing of your trademark application)

US Government Filing Fee: $275 or $325 per class (most applications require only one class)

Because each trademark registration is different, give me a call to get an exact quote on the cost of trademark registration for your trademark.  I can be reached directly at 1-877-350-6275.  I encourage you not to worry about saving a few dollars by using a service such as Legal Zoom.  If your application is not done correctly, you will lose your US Government filing fees and end up spending more in the long run to secure your trademark.  I invite you to call me and register your trademark properly.

I find that a lot of clients believe that if they are able to register the trademark as their business name when they register an LLC or Corporation that their trademark is “available for use.”   This, however, is not the case.  Trademark law in the United States is complex.  In order to know if a trademark is “available” for use, a full federal, state, and common law trademark search should be conducted by a professional.

My best advice to business owners is that before you open your doors, or start to market that new product or service, conduct a trademark search with a professional that can give you a good legal opinion as to whether or not it is safe to proceed.  And please, whatever you do, do not think that you can use any of the “free” searches available on the internet to ensure your trademark is available.   Those trademark searches are legally worthless.

If you would like to retain my firm to conduct a trademark search for you, please visit our Web site at www.trademarkarmor.com.

Gerben Law Firm can guide you through the trademark renewal process quickly and easily to help you continue to protect the name you registered as a trademark.  To file your initial Section 8 Statement of Continued Use (between the fifth and sixth year of ownership), USPTO charges a fee of $100.  To file your ten year renewal, USPTO charges a fee of $400 plus $100 to file an additional Section 8 Statement of Continued Use (which is required with the renewal).  Additionally, you need to be sure you provide the required documentation to prove that you really are using the trademark in commerce.

If you miss the USPTO deadlines for filing for renewal, your trademark is no longer federally protected, which reduces your ability to defend your name from competitors. We know our clients who file for trademark registrations value that protection, and we want to do everything we can to help extend that legal protection as long as possible. So if you’re ready to get started on the trademark renewal process, contact attorney Josh Gerben at (202) 294-2287.

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.

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.

Generally speaking, a trademark is a word, symbol, device or name that identifies the source of a good or service. Therefore, your trademark could be just a name, or it could be a logo, a slogan, or “tagline.” More recently, trademark law has expanded to the point where you can even register a particular smell as a trademark. At the very core, a trademark is used to associate a good or service with a particular company. Trademarks are intended to prevent consumer confusion by immediately distinguishing the producer of a good or service.

In order to assist you in completing a successful trademark application that will not be denied by the USPTO, I will utilize our trademark search software to search for any existing marks that may potentially conflict with yours. If such a conflict arises, I will offer my legal advice to you as an attorney on the risks involved in proceeding with your particular application or what you may need to change about your mark to avoid an infringement issue.

In addition to receiving questions about trademarks, I often receive many inquiries concerning patents and copyrights. While all three may appear similar, there are important distinctions that exist between each. As previously stated, a trademark protects an identifier of a good or service. Patents, on the other hand, protect ideas like inventions. Lastly, a copyright protects original works that are typically placed in the following categories: literature, dramatic, musical, artistic, and intellectual. Therefore, the content of a book is protected by copyright law while the name of a series of books (e.g. Harry Potter) would be protected by trademark law.

Josh Gerben, Esq.
Principal
Gerben Law Firm, PLLC
1615 L Street NW
Suite 1350
Washington, DC 20036

(p) 202.294.2287
(f) 202.315.3386

Once we have completed a thorough and detailed trademark search and found no conflicting trademarks, our next step is to assist you in drafting and filing a trademark application that we are confident will be approved by the USPTO. The application is ultimately filed online using the Trademark Electronic Application System or TEAS.

There are a few elements of the application that I would suggest preparing prior to beginning the application process. These items include: a scanned JPEG file of the drawing of the mark and a scanned JPEG file of an actual example of how the trademark is being utilized in commerce. By offering my legal advice and assistance in the preparation of these critical components of the application, I make certain that your application is as well assembled as possible.

Furthermore, the trademark application will require that you specify the mark type as either standard characters or special form. A standard characters mark is one that does not contain any design element. In contrast, a trademark that is categorized as special form does include a design element. I will help you make the decision as to which type of trademark is appropriate for your product once we review your file.

The next section of the application pertains to goods and/or services information where you will need to complete of list of goods and/or services for your application. After reviewing the description of your product we will draft a legal description of your product that is appropriate for the application.

After we complete the application, you will receive an email which will allow you to review and approve the application for submission to the U.S. Government. At that time your application will be filed and your product name will be well on its way to receiving trademark protection. For any questions on how to trademark a product name please contact Josh Gerben Trademark Attorney.

Josh Gerben, Esq.
Principal
Gerben Law Firm, PLLC
1615 L Street NW
Suite 1350
Washington, DC 20036

(p) 202.294.2287
(f) 202.315.3386

One of the most critical aspects of a USPTO Office Action is ensuring a response is filed with the USPTO within the deadline stated on the Office Action.   If you receive an Office Action for something as simple as a clarification of information on your application and do not respond by the deadline your application, your trademark application will be considered to be abandoned and you will lose all priority on your trademark.   Therefore, it is extremely important to treat any Office Action seriously and respond in the proper time frame.

Another critical aspect of responding to an Office Action is ensuring that you are properly responding to the USPTO’s requests.  Failure to properly respond to the requests can also lead to denial of your application.  Therefore, if you have been issued an Office Action it is highly recommended that you contact a trademark attorney so that the response filed is technically correct.

My law firm helps clients respond to all types of Office Actions.  Even if your trademark has been initially denied by the USPTO we can e draft a legal argument to attempt to overturn the negative decision.  The cost to respond to an Office Action will vary depending on the particular Office Action.  I offer a free trademark consultation to clients who are looking to respond to an Office Action.  I can be reached directly at (202) 294-2287 for this free consultation.

Josh Gerben, Esq.
Principal
Gerben Law Firm, PLLC
1615 L Street NW
Suite 1350
Washington, DC 20036

(p) 202.294.2287
(f) 202.315.3386

The difference between any other trademark and a trademark for a band is that a band’s trademark tends to always fall under two separate “classes” as designated by the United States Patent and Trademark Office.  When  a trademark application is filed, the application requires that the applicant identify the “class” of goods or services which the trademark identifies.  There are 45 different classes.  In the case of a band, it almost always requires registration under two classes (Class 9 for MP3’s and CD’s and Class 41 for concerts).

If your band produces CDs, or downloadable music files (MP3’s), your band’s name is the identifier of these “products.”  Therefore, it is necessary to designate on the trademark application that your band name produces these products under Class 9.

In addition, if your band performs concerts, your band’s name is the identifier of these “services.”  Therefore, it is necessary to designate on the trademark application that your band name sells these services under Class 41.

Therefore, you can certainly trademark a band name.  When you file the tradmeark application you will be protected from anyone else using the band’s name to sell music or perfom concerts.  In order to obtain this protection please click on the “register your trademark” link below.  Once you complete our online form an attorney will contact you to go over the details of the trademark for your band.

Josh Gerben, Esq.
Principal
Gerben Law Firm, PLLC
1615 L Street NW
Suite 1350
Washington, DC 20036

(p) 202.294.2287
(f) 202.315.3386