INTELLECTUAL PROPERTY CONSULTANTS PatentTrademarkCopyright

---

Trademark Law

• TRADEMARK LAW Brief Overview  

• TRADEMARK Services and Fees

• e*SEARCH ® ONLINE Searching

Begin searching your trademark NOW with e*SEARCH ®

1. 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. This 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!)

   Application Fee - $325 (mandatory and non-refundable)

   NOTE:  Effective January 10, 2000, the USPTO Application fee (above) was INCREASED to $325 from $245.

   ~ top ~

   ---

   SEARCH TYPES & FEES

2. FEDERAL 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 service beforehand.

   Fee - $100 per name and/or logo.

   AND/OR

3. STATE TRADEMARK SEARCH - 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).

   AND/OR

4. COMMON LAW 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 $40

   ---

   DO YOU WANT TO START SEARCHING RIGHT AWAY?

   Use our e*SEARCH service to 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). 

   We do the rest, and send results immediately by fax or mail.

   Click here NOW to submit your e*SEARCH ™  

   ~ top ~

   ---

   FILING ASSISTANCE SERVICE

5. 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 possible manner.

   Fee - $415 per name and/or logo.

   ~ top ~

   ---

   POST-REGISTRATION SERVICES

6. Trademark MONITORING & 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.

   ~ top ~

   ---

   DISCLAIMER

   Please review the above information CAREFULLY.

   Some of the optional services will probably be of interest to you; others may or may not be.

   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 copysearch@worldnet.att.net.

   ---

[Home Page] [About Us] [Our Services] [Questions] [Contact Us]