Timing and Cost
Search. The first step in the trademark process is a search of the public record for other users of the same and similar marks.
Apply. Once the search is complete, you can submit your trademark application. The Patent and Trademark Office charges a base fee of $350 for the application. This fee can increase if you want the mark to cover more than one class of goods or file the application in paper rather than electronically.
Respond to Office Action. The Trademark Examining Attorney might reject an application if, for example, it is too similar to an existing mark ("likelihood of confusion") or if it is merely descriptive rather than distinctive. Office Actions are normally received about 4 to 5 months after application. I can help you respond to any Office Action.
Registration. After an applicant responds to any Office Actions, the application may be approved for registration.
Benefits of Registration
There are several benefits to federal registration.
Easy to Find. It makes your mark easy for potential competitors to find and avoid. It also makes it easy for Trademark Examiners to find your mark and deny future applicants who seek to register a confusingly similar trademark.
Litigation Benefits. It gives you certain advantages if you have to bring an infringement lawsuit against competitors. The registration creates a presumption that the party that holds the registration owns the trademark, creates nationwide ownership (not just in the region where the mark was used), it gives you the right to file in federal court, and may become incontestable under certain circumstances.
Stop Infringing Imports. A registered trademark can be registered with Customs and Border Protection (CBP) and they will seek to exclude any infringing knockoff products.
Trademarks
What do all those symbols mean™®© ?
What do all those symbols mean, anyway?
TM
The TM superscript stands for trademark and tells the world that you claim the right to use that product name for your specific product. You can use TM without a registration.
Registered ®
The raised R in a circle symbol indicates that the seller has registered its trademark with the Patent and Trademark Office.
Copyright ©
The raised C in a circle indicates that a party claims exclusive rights in a creative work such as a book or musical composition.
Copyrights don't have to be recorded but there are advantages to doing so. Recordation creates an official public record of ownership and enables the recovery of statutory damages and attorney fees.