Thomas Legal Solutions

THOMAS LEGAL SOLUTIONS

TRADEMARK PACKAGE

 

Our standard trademark registration package costs $1,600, and includes a federal + 50 state standard plain text WORD MARK search (strongly recommended), followed by analysis of results, preparation of the application, and filing of the mark in a single international class with the United States Patent and Trademark Office (the “USPTO”).

 

The following additional charges may apply, depending on your business’s specific needs and issues:

 

(i)        Searches of DESIGN MARKS (and of COMBINATION MARKS consisting of a WORD MARK together with a DESIGN MARK) are more complicated to conduct than standard “word mark” searches, and therefore cost an additional $200.

 

(ii)       Many businesses offer goods and/or services that fall within more than one international class, and in such cases multiple class filings are advisable in order to adequately protect the brand at issue, with each additional class filed beyond the first costing an additional $400.

 

(iii)     The flat package fee includes response to minor office actions (for example, requests for additional information or clarification, addressing proposed minor examiner amendments to the description and/or scope of goods claimed, etc.).  However, in the case of an adverse examination report, citation of prior rights, formal filed opposition, etc., there is an additional flat fee of $300 for reporting these to you, together with analysis and recommendations.  Any required response on your behalf in such cases can be highly variable, depending on the nature of the objection(s) involved, and resulting costs are therefore difficult to quantify.  Suffice to say that in cases requiring formal response, further filing fees and additional attorney time will be necessary, and can be discussed on a case-by-case basis.

 

“Blind” Filings:  We virtually always strongly advise a full search and analysis prior to a client’s decision to prepare and file a trademark application.  In addition to legal and filing fees, there will be a substantial time lag in receiving any official response from the USPTO (several months is common), with concomitant opportunity costs, as well as possible wasted marketing effort and expense.  However, where a client has been advised of, understands and is willing to accept these risks, we can prepare and file a trademark application without formal trademark search for $1,200 for a single class (plus $400 for each additional class).

 

Disclaimers: The standard package fee does not include (i) any non-U.S. searches, non-U.S. filings, domain name registrations, or filings under any particular state laws; or (ii) incidental costs such as postage, overnight courier fees, etc., if any (though we handle most correspondence, filings, etc. electronically whenever possible).

 

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TRADEMARK PROTECTION FOR EARLY-STAGE COMPANIES

 

Large, established companies with substantial branding needs and budgets might very well choose to file three (or even more) trademark applications -- in each applicable trademark class -- for a newly created division/subsidiary, or for a new product or service offering: (i) the plain text WORD mark alone, (ii) the DESIGN mark alone, and (iii) a COMBINATION mark consisting of the WORD mark appearing in context with the DESIGN mark.  However, for a new company with cost sensitivity this is generally not practical (nor is it generally necessary), especially during initial formation and startup.

 

(1)       If you can only afford one mark registration, we advise that you register your company name WORD mark first, as this provides the broadest protection, and prevents third parties from using your company name in commerce, either alone or in conjunction with any logo/design.

 

(2)       In addition, company logos/designs may change and be superseded over time, and this can be especially true in the case of early-stage companies. Therefore, unless you are certain that your current logo/design is the final one that your company will use, it could also be a good idea to delay a DESIGN (and/or COMBINATION) mark filing for this reason.

 

(3)       Finally, a design/logo registration is most important where a company wishes to prevent anyone else from using a confusingly similar design/logo in commerce, and to cause the public to associate that design/logo with the company. A textbook example is the NBC peacock logo, which many people recognize as a symbol of the NBC television network even if it appears standing alone, without the letters "NBC." If you do not believe your company design/logo is particularly distinctive or central to your future marketing efforts, this would also indicate that you may be able to avoid or delay a separate DESIGN and/or COMBINATION registration.

 

 

Copyright © 2011 Terry L. Thomas