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Trademark Law


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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


TRADEMARK SERVICES & FEES

The following steps are appropriate in acquiring a trademark,

or Get Started Right Away with e*SEARCH

  1. PTO Trademark Application

  2. Federal Trademark Search

  3. State Trademark Search

  4. Common Law Search

  5. Trademark Filing

  6. Post-Registration Trademark Maintenance & Monitoring


    MANDATORY USPTO APPLICATION FEE

  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.

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    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  

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    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.

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    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.

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    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.


Thank you for considering COPYSEARCH Worldwide.


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