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TRADEMARK LAW Overview
Trademark Law is the body of law that offers
exclusive protection for names and/or logo designs; Trademarks (for goods)
and Service marks (for services) are usually business names, but can also
include names of products, services offered to the public, and/or
"tag" phrases like "America's Best."
Registration of "marks" is not required in
the USA, but it is highly advisable. Even without registration,
Common Law Rights in your mark accrue to you over time, assuming that you
are the bona fide oldest and continuous user of that name. One
problem that frequently arises with such "common law" protection,
however, is that others, including the various State and Federal trademark
authorities, probably will not know of your rights, and these others may use
the same or confusingly similar mark and/or register it first.
MOST SERIOUS BUSINESS PEOPLE REGISTER THEIR TRADEMARKS.
If you choose to apply for registration of your mark, you
may do so at the State or Federal level. State Registration is
typically faster and less expensive, but offers protection ONLY in that
State. Thus, others could register in their home States, too, or could
preempt your own usage outside of your State by registering themselves first at the
Federal level. Nonetheless, many people start with a (home) State
registration, and COPYSEARCH Worldwide ® can assist you with State
registration for a nominal fee.
FEDERAL Registration of Trademarks offers NATIONWIDE
exclusive protection for your mark all at once, and is much simpler and
cheaper than obtaining registrations in each of the 50 States. Federal
Registration through the United States Patent and Trademark Office in
Washington, DC, costs $325 for 10 years of renewable coverage, and is
necessary in today's climate of interstate and international commerce, and Toll-Free 800 numbers, global email, and 24-hour interactive websites.
COPYSEARCH Worldwide ® specializes in the application and
registration of US Federal Trademarks and Servicemarks for our
clients. Please continue to explore this section (below) for more
information on our various services and related fees. For a further
factual and historical discussion of Trademark law, please also visit the
Frequently Asked Questions section of this website.
Begin searching your trademark NOW with e*SEARCH
SERVICES & FEES
The following steps are appropriate in acquiring a trademark,
or Get Started Right Away with e*SEARCH
PTO Trademark Application
Federal Trademark Search
State Trademark Search
Common Law Search
Maintenance & Monitoring
USPTO APPLICATION FEE
USPTO TRADEMARK APPLICATION
& FILING FEE - The Application fee is charged by the US Patent and Trademark Office
(PTO), the US government agency that registers all Federal Patents and Trademarks.
fee is mandatory, and is non-refundable even if your Trademark
is rejected or refused registration. Therefore, we recommend
conducting a Trademark Search before applying,
in order to prevent wasting the filing fee pursuing a Trademark that is already
registered to someone else (or using someone else's mark!)
Fee - $325 (mandatory and non-refundable)
NOTE: Effective January 10, 2000, the USPTO Application fee (above)
was INCREASED to $325 from $245.
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TYPES & FEES
TRADEMARK SEARCH - We recommend that you search existing Trademark Registrations and
pending Applications to avoid potential conflicts that would prevent the registration of
your Trademark. Note that in order to find a conflict, the trademarks need not be
identical, and the goods/services do not have to be the same.
This search is
identical to the one done by the PTO, but the PTO performs this search only as a
matter of processing your application, rather than as an independent
Fee - $100 per
name and/or logo.
- Even if you plan only to apply FEDERALLY, it is
nonetheless advisable to search the registration systems of all
50 states as well. Since many applicants often file for a Trademark only within their home
state, an earlier "date of first use" by a "state"
user may still obstruct your Federal
Trademark application. This is because Trademark rights in the USA, unlike many other countries, accrue
to their owners through "usage," not necessarily through registration.
To perform a
comprehensive search, therefore, you should be aware of older, but not yet Federally-registered
"users." Note that a Federal Trademark Search (item 2 above) does not
examine any existing or pending State registrations because they are
all separate systems!
Fee - $95 per
name (all 50 States).
SEARCH - This search examines news, state incorporation
and other databases
to determine if your proposed Trademark is being used, but perhaps not yet
being registered at
either the Federal or State levels.
Importantly, this search includes a search of INTERNET
"domain names" (website addresses) with InterNIC, the primary domain-granting
authority in the USA.
Fee - $95 per name and/or logo
SPECIAL PACKAGE RATE:
Federal, State & Common
Law (including Internet) Search (#2-4, above) for $250; a savings of
DO YOU WANT TO START SEARCHING RIGHT AWAY?
Use our e*SEARCH
submit your search request ONLINE for the fastest possible
service! All you need is the Name you want to search, the type of business, and a major
credit card (We accept VISA, MasterCard, American Express, Diner's Club and Discover).
rest, and send results immediately by fax or mail.
Click here NOW to submit your e*SEARCH
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Trademark FILING ASSISTANCE
- If your search results indicate the apparent availability of your proposed
name, and you wish to File for the Trademark, COPYSEARCH Worldwide can process and file your
Trademark application forms with/for you.
Although this service is optional, the application forms are
detailed and often confusing to the
layperson. Minor mistakes, lack of detail, or omissions on the application may result in
the loss of the original filing date and the return or rejection of the application.
Delays cost valuable time (frequently 3 or more months), and can jeopardize the registration
of the Trademark you have worked hard to protect. For this one-time fee, we
FILE and MONITOR the progress of your Trademark application throughout the
registration process (which typically lasts 12-16 months or more).
If problems or questions arise during this process and require attention,
we help you answer the Examining Attorney to correct the problem and
get you Registered!
Our Filing Service promotes the registration of your Trademark in the swiftest
Fee - $415 per
name and/or logo.
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& MAINTENANCE - After the successful registration of your Trademark with the USPTO, this optional
service keeps you informed if another party applies for Trademark registration
with a trademark mark that may infringe upon your own.
Trademark monitoring ALSO alerts you to the
necessary Affidavit and Renewal requirements by the PTO in order to
maintain your valid
Trademark. Note that the PTO does not otherwise notify
Trademark owners of these requirements, and your mark could LAPSE.
Fee - $250 per year, in advance.
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Please review the above information CAREFULLY.
Some of the optional services will probably be of interest to you; others may or may
NOTE: APPLICATIONS ARE NOT GUARANTEED TO
REGISTER. Doing as much up-front 'homework' as possible reduces
the risks of
failure, and can therefore save both time and money. Should you have any questions
whatsoever, please contact one of our knowledgeable staff members for personalized service
at 1-800-296-9080 between the hours of 9 AM
to 6 PM, USA Eastern Time, or email us at email@example.com.
Thank you for considering COPYSEARCH Worldwide. ®
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