Why do I want one? +

Although federal trademark registration is not mandatory, doing so gives you certain legal rights. Some advantages of registering a trademark include a notice to the public of your claim of ownership of the mark, a legal presumption of ownership nationwide, and the exclusive right to use the mark on or in connection with your registered goods or services. In short, obtaining a federal registration helps to better protect your mark and brand.

What is a TM? +

A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a good or service. Trademarks perform an important function in identifying the products and services of one business and distinguishing them from its competitors.

How much does it cost? +

$2,850, which includes government and filing fees.

Why so expensive compared to others on the internet? +

• We include more, do better, and have no hidden fees.
• You get what you pay for. Work with real lawyers. Not a website.

Does the fee include all government fees? +

Yes. Your comprehensive search fees and registration fees for a single class are included.

What's Included? +

• Comprehensive search report
• Analysis of search results
• USPTO filing fee for one class
• Time spent talking with your attorney
• Responding to informal office actions

What's not included? +

Responding to substantive office actions or oppositions from third parties are not included, but with the comprehensive search report and analysis, we'll know what to expect.

Is a comprehensive search included? +

• Absolutely. This is critical.
• Don’t be fooled by other websites that say they do a “direct hit” search. All that means is they will search the USTPO for an exact match. This is hardly sufficient and something you can easily do yourself. Here is a link - Direct Hit Search on USPTO website.
• What we do is a comprehensive search, which is then analyzed by a licensed attorney, before we recommend moving forward with a trademark filing.
• The comprehensive search includes: websites, databases, trademarks

Do I really need the comprehensive search? What is a knock-out search and why is that not enough?+

A knock-out search is a preliminary search of the United States Patent and Trademark Office (the “USPTO”) trademark database. The purpose of this search is to find identical or nearly identical marks. Knock-out searches generally cover only the wording of the mark and only those which are federally registered, making knock-out searches very limited. On the other hand, a comprehensive search is far more thorough. The results will include federally registered trademarks as well as pending and abandoned federal applications, state trademark registrations, company names from all fifty states, all existing domain names, relevant webpages and images, and social media aliases and handles. Conducting a comprehensive search helps us to identify potential obstacles, provide our clients the best analysis and advice available, and plan accordingly to ensure successful registration of your trademark.

How long does the process take? +

From start to finish, the trademark application process can take anywhere from 6-12 months. The anticipated timeline depends on a number of factors, such as: the time it takes to obtain information from you in order to complete and submit the application, time for the application to be assigned to an examining attorney at the USPTO, whether or not Office Actions are issued, and the time for opposition. After submission of your application, it can take three months for the application to be assigned to an Examining Attorney. A month later, we should receive notice of Office Actions, if any. If one is issued, we will have six months to respond. Once resolved, a Notice of Publication should issue within 1-2 months. Once your mark is published for opposition, there is a 30-day period where it may be challenged. If your mark is not challenged by anyone, the USPTO will register your trademark within three months from the publication date.

Is it guaranteed? +

You may face various oppositions from the Examining Attorney, or someone may challenge your trademark during the opposition period. Although there are no guarantees when it comes to federal trademark registration, we take the steps to significantly increase the likelihood of obtaining registration for you. A comprehensive search assists us in identifying any potential conflicting marks and allows us to amend your mark accordingly. Taking these steps before submitting your application, rather than after an Office Action has been issued, helps the application process run more efficiently.

Will I get notified as things happen throughout the process? +

Yes. Unlike other providers, we keep you informed every step of the way. Typically, you will receive personalized updates when your application has been submitted, when an Examining Attorney has been assigned, if any Office Actions are issued, and when your mark has been approved for registration in the Official Gazette. At Shraybman Law, keeping clients informed and involved in the process is a top priority. For a more detailed explanation of the application timeline, see “How Long Does the Process Take” above.

How long does my trademark last? +

Trademark rights can last indefinitely, so long as you, as the owner, continue to use the mark to identify the goods or services you provide. For federal trademarks, the initial term is 10 years, with 10-year renewal terms. Between the fifth- and sixth-years following registration, you’ll need to file a Declaration of Use, and between the ninth and tenth year, you must also file a Combined Declaration of Use and Application of Renewal. If these documents are not filed, your registration will expire and may not be revived or reinstated. When the time comes, Shraybman Law will be there to help ensure your mark maintains its registration and protections.

What is the difference between 1A and 1B filing? +

You have two options when filing an initial application. 1A applications are for marks which are actively and currently used in commerce. A mark is “In Use” in commerce with goods when the mark is placed on the goods, on the packaging for the goods, or on displays associated with the goods and the goods are actually being sold to consumers. If you are not already using your mark in commerce, don’t worry. If you have or are developing a mark which you plan to use in the future, you can file a 1B application. Doing so begins the process with the caveat that registration will issue once you actively use your mark in commerce. For more on this, see “What is a Statement of Use” below.

What is a Statement of Use? +

In order to register a trademark, you must prove that you are actively using the mark to sell goods or services. If you file a 1B “Intent-To-Use” application, you must also file a Statement of Use within six months of the issuance of the Notice of Allowance. There are specific requirements you must meet to file an accurate Statement of Use. When you’re ready, Shraybman Law be there to help.

Are there costs to maintain a trademark after it issues? +

After your mark registers, there are fixed fees that need to be paid in order to maintain your trademark registration. After 5 years, you must file an Affidavit of Use and pay the required fee ($125 per class). Additionally, an Affidavit of Use and Application for Renewal must be filed every 10 years, along with the required fee ($425 per class).

What is an Office Action? +

An Office Action is a letter from an Examining Attorney which identifies any issues with your application. Office Actions may be issued for a number of reasons, some “simple” and others “complex.” For example, if your mark includes a name or foreign word, you may need to provide more information; if part of your mark cannot be exclusively owned, you may have to submit a disclaimer. In other cases, the Examining Attorney may conclude that your mark is likely to be confused with another registered trademark or that problems exist with a submitted specimen. The first Office Action issued is non-final and, in that case, you’ll have six months to respond, addressing each issue raised. In the event of an Office Action, Shraybman Law has the experience to advise you on the best course of action and to craft a strong response.

What’s the difference between the principal and supplemental registers? Which one provides more protection? +

The main difference between the Principal and Supplemental registries is the level of protection your mark will be granted. The Principal Register is reserved for the most unique trademarks. It provides protection for distinctive trademarks, provides a presumption of validity, a presumption of ownership, and constructive notice to the public of your ownership. The Principal Register is what most people think of when they think about federal trademark registration. The Supplemental Register is a secondary list for marks that don’t quite meet the requirements to obtain protection under the Principal Register. While the Supplemental Register provides a lower level of protection, it is a good option for nonqualifying marks and does offer a few key benefits. Once approved, you can use an indicium of registration (ie the ® symbol), and five years of continuous use in commerce may be accepted as evidence that your mark has become distinctive or achieved secondary meaning. At that time and if your mark is found to have achieved distinctiveness, it may be moved to the Principal Register.