Posts Tagged ‘register a trademark’

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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.

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What is a USPTO Office Action?

Tuesday, July 14th, 2009

I get a lot of calls from potential clients who have received an Office Action on their trademark application and want to know what it means.   An Office Action from the USPTO can mean a lot of different things.  It can be something as simple as the USPTO asking for a simple clarification on your application or something as serious as a denial of your trademark application (please note that a denial can always be appealed).

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

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Can I trademark a band name?

Wednesday, July 8th, 2009

I get a lot of calls from clients who are starting a band and want to know if they can trademark the name of their band.  The answers is: absolutely.  In fact, obtaining a trademark on a band is the best way to protect the name of a band.

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

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Help with trademark searches and registration

Friday, June 26th, 2009

For anyone looking for help with a trademark search or the trademark registration process I would like to invite you to visit Trademark Armor.  I get calls everyday from small and large businesses who need help in determining if their trademark is available or has already been taken by someone else.  Moreover, many businesses find the trademark registration process extremely confusing and are happy to know that my law firm can provide help with the process.

My law firm was built to provide trademark search and application help to anyone or any business who has a name or a logo that they want to protect.  While anyone can go online and attempt to fill out a trademark application themselves, the process contains many technical details that are not apparent on the face of the application.  Failure to properly complete a trademark application can lead to its denial by the federal government.  My law firm works to help ensure that your trademark application will be accepted by the federal government and avoid the common mistakes made in applications.

A federal trademark is the strongest protection that any business can have on its name or logo.  My firm helps hundreds of businesses every year register a trademark.  If you are unsure how to get started in the trademark search and registration process please give me a call today.  I am always available to help in the trademark search and registration process.

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

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How to Conduct a US Trademark Search

Wednesday, June 17th, 2009

Many clients call my office wanting to know if their trademark is “available” for registration.  The only way to determine if a trademark is available is to conduct a US trademark search.  A US trademark search can be conducted on the Web site of the United States Patent and Trademark Office (www.uspto.gov).

While anyone can go on the USPTO Web site to conduct a trademark search, it is virtually impossible for an unskilled searcher to determine if a US trademark is capable of achieving registration.  This is because the USPTO search engine is not robust enough to do a thorough US trademark search without the skill of an experienced searcher.  In order to determine if a US trademark is capable of achieving registration, the US trademark searcher must break down the trademark into multiple parts and look for similar marks in categories containing related goods.  Therefore, it is highly recommended that a US trademark lawyer is hired to conduct a US trademark search.

Moreover, in addition to the federal trademark database, a US trademark search must include a US state trademark search and a US common law search in order to provide full legal clearance for use of the trademark.  This is because under US trademark law if someone has registered a trademark with a state or simply begun use of the trademark in commerce (i.e. a common law trademark), that person or company may have certain rights that could interfere with a federal trademark.  Therefore, a complete US trademark search also includes a search of state and common law databases.

Once the US trademark search is complete, only a US trademark lawyer can interpret the results to provide an opinion on whether or not a US trademark is capable of achieving registration.

For a complete US trademark search please visit www.trademarkarmor.com

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How to register a trademark in the USA

Thursday, June 4th, 2009

Many international clients call my law firm to find out just how to register a trademark in the USA.  To register a trademark in the USA a company or individual must draft and file an application with the United States Patent and Trademark Office.

While this USA trademark application can be completed by anyone, I highly recommend to potential clients that they retain my firm to complete their trademark application.  The reason I recommend retaining a USA trademark attorney to draft and file a trademark application is because there are many technical and legal elements hidden in the USA trademark application.  If certain information is not entered correctly, it could lead to rejection of the USA trademark application and loss of any priority established on the trademark.

Moreover, to register a trademark in the USA it is imperative to first conduct a USA trademark search.  If a trademark search is not conducted prior to an attempt to register a trademark in the USA a client may not be aware of a pre-existing federal, state or common law trademark that could result either in the rejection of a USA trademark application or in a limitation of the client’s rights in their trademark.  Therefore, to register a trademark in the USA I recommend to potential clients that they retain my law firm to assist them in conducting a proper USA trademark search and then for the drafting and filing of the USA trademark application.

Once a USA trademark application is filed, a client must then wait for the U.S. Government to review and approve their application.  It generally takes about 8-10 months to register a USA trademark from the date the application is filed.  However, so long as the USA trademark application is ultimately approved, the trademark rights start on the date the USA trademark application was filed.  Therefore, when a client wants to register a USA trademark to protect their rights, they can be assured that no one will be able to attempt to register a USA trademark that is similar to theirs after the date of their USA trademark application filing.

To get started with the process to register a USA trademark please follow the link below.

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How long does the U.S. trademark registration process take?

Wednesday, May 27th, 2009

Many of my clients are surprised to learn that the U.S. trademark registration process can take from six to eighteen months to be completed.  In today’s fast paced economy many of my clients want to know if there is a way to expedite the US trademark registration process.

Unfortunately there are no expedited fees that can be paid to make the U.S. trademark registration process move any quicker.  The fact is that every U.S. trademark application must be reviewed by a trademark examining attorney with the United States Patent and Trademark Office (USPTO).  Because of the large volume of trademark applications received by the USPTO it generally takes four months just for the US trademark application to reach a US trademark examining attorney.  Once the examining attorney reviews the U.S. trademark application, if he/she does not have any problems with the proposed U.S. trademark registration, then the trademark application must go for a thirty day period of public comment.  It is only after this period of public comment closes can the U.S. trademark registration be issued.

Therefore, a successful U.S. trademark registration can be accomplished in as little as six months, however, many U.S. trademark applications require additional steps.  For example, the trademark examining attorney may require additional clarifications on the application.  Or, the attempted US trademark registration may be rejected on one of many grounds.  A trademark rejection may always be appealed, however, this adds multiple months to the process.

To ensure that a client’s US trademark registration attempt avoids these pitfalls, I generally encourage clients to complete a comprehensive trademark search to ensure that the trademark application will not be rejected based on a pre-existing similar trademark.  In addition, I highly recommend clients follow my advice on the completion of their U.S. trademark application to ensure the process goes as smoothly as possible.  At the end of the day, the US trademark registration process affords clients great protection on their trademarks, it just requires the patience of Job.

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How to Get a Trademark

Friday, May 8th, 2009

I get a lot of calls from potential clients that start with the simple question, “how do I get a trademark.”  The short answer is that you must file an application with the United States Patent and Trademark Office (the “USPTO”).  The USPTO is the U.S. Government office which is responsible for issuing federal trademarks.

To get a trademark you must submit a trademark application for your business name, logo or slogan to the USPTO.  However, to get a trademark you will first want to conduct a trademark search of the USPTO trademark database.  This is because if someone already has registered a trademark that is the same or similar to your proposed trademark, the USPTO may deny your trademark application.  In addition, you may want to do more than just a trademark search of the USPTO database.   A comprehensive trademark search would include a search of not only the USPTO database but also a trademark search of each state’s trademark database for trademarks registered in individual states and for common law trademarks (i.e. trademarks that have not been registered).   This is because even if you get a trademark registration from the USPTO, if another company has used your trademark prior to your trademark application filing date, this company would be able to prevent you from using your federal trademark in the geographic area in which they used the trademark prior to your trademark application filing date.

Therefore, the answer to “how to get a trademark” is best answered in two parts.  First, to get a trademark you should conduct a comprehensive trademark search to make sure that your trademark application will not be denied or that there is not another prior user of your trademark that would prevent your use of the trademark in a specific geographic location.  After the trademark search clears the trademark, you may then complete the second step to get a trademark, which is the filing of your trademark application.

For more information on how to get a trademark for your business click on the “Register Your Trademark” link below.

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