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Business Attorney | Law Office of Maritza S. Nelson, LLC
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  • Home
  • Who We Serve
  • Practice Areas and Fees
    • General Counsel Service
    • Business Law >
      • LLC Formation
      • LLC Operating Agreements
      • Close Corporation Formation
      • Corporate Bylaws
      • Close Corporation Agreements
      • Other Business Law Services
    • Business Contracts >
      • B2B Service Agreements
      • Contract Review and Advice
      • Customer Agreements
      • Financial Agreements
      • Joint Venture Agreements
      • Lease Agreements
      • Noncompete Agreements
      • Nondisclosure Agreements
      • Waiver and Release Agreements
      • Website Privacy Policies
      • Website Terms of Service
    • Business Sales >
      • Business Purchases and Sales
      • Letter of Intent
      • Purchase Agreements
      • Buy-Sell Agreements
      • Membership Interest Transfer Agreements
      • Business Succession & Disaster Planning
      • Business Dissolutions
    • Raising Money From Investors >
      • Private Placement Memorandums
      • Investment Agreements
    • Franchising and Business Opportunities >
      • Franchise Disclosure Documents
      • Franchise Agreements
      • Ohio Business Opportunity Plans
    • Nonprofit Law >
      • Nonprofit Formation
      • Co-op Formation
      • Tax Exempt Status
      • Nonprofit Governance
      • Nonprofit MOUs and Agreements
      • Nonprofit General Counsel Service
    • Intellectual Property >
      • Trademark Search
      • Trademark Registration
      • Trademark Maintenance
      • Copyright Registration
      • Work For Hire Agreement
      • Licensing Intellectual Property
      • Assigning Intellectual Property
      • Proprietary Information and Invention Assignment Agreements
      • Confidentiality Agreements
      • Intellectual Property Audit
    • Employment Law >
      • Employment Contracts
      • Employee Handbooks
      • Employment Policies
      • Independent Contractors
  • Adding Value
    • Legal Audit Checklist
    • Legal Dictionary
    • 7 Common Legal Mistakes
    • Succession and Emergency Planning Worksheet
    • Business Contracts: Review Checklist
    • Webinars >
      • HR 101: Managing the Growing Pains That Come With Growing Your Business
      • Hiring Independent Contractors
      • Legal Audit and Risk Assessment
      • Structuring a Social Enterprise
  • Bio
  • Blog
  • Scheduling
    • Prospective Client Scheduling
    • Existing and Former Client Scheduling
    • Networking Scheduling

Trademark Registration Columbus Ohio​

Trademark Search
Trademark Registration
Trademark Maintenance
Copyright Registration
​Work For Hire   
   Agreements

Licensing Intellectual
   Property

Assigning Intellectual
   Property

Proprietary Information
   and Invention
​   Assignment Agreements

Confidentiality Agreements
​Intellectual Property Audit
Additional Information
Trademark Law
Other Trademark Services

Trademark Infringement
Copyright Law
Copyright Infringement

Digital Millennium Copyright
​   Act (DMCA)

Trademark Registration

How do I register a trademark?
Before our trademark attorneys register a trademark, we conduct a thorough trademark search to assess the likelihood of your trademark registration applicable being successful. Remember, your trademark cannot be “confusingly similar” to another when used on “related goods or services.” This step is extremely important--the USPTO does not refund their fees if your application is rejected. 

Once the trademark search has been completed and we decide to move forward, we submit the trademark registration application to the USPTO via their Trademark Electronic Application System (TEAS). In order to do so, we need:

  • A description of the mark;
  • If it’s a logo, a jpeg image without any TM, SM, or ® symbols;
  • A list of goods or services sold in connection with the mark; 
  • The date you first started using the mark, both generally and in commerce; and 
  • A specimen showing how you actually use the mark in your goods or services

If you haven’t started selling goods or services yet, our trademark attorneys can file the trademark registration on an “intent to use” basis. The process is very similar, but there will be some additional filing requirements and filing fees. 

How long does the trademark registration process take?

Once the trademark registration is submitted, it takes the USPTO approximately 3-6 months to assign an examining attorney to review the application, conduct a trademark search, and decide whether your application meets the legal requirements. If the examining attorney finds any issues with your application, they will issue an Office Action giving you 6 months to respond. If there are no issues, then the trademark is approved for publication, which gives the general public 30 days to object to the registration of your trademark or file a request for extension of time. Assuming there are no objections, then the USPTO typically issues the registration certificate about 11 weeks after publication. 

If your application was filed on an “intent to use” basis, then about 8 weeks after publication, the USPTO will issue a Notice of Allowance (NOA). The NOA gives you 6 months to either file a Statement of Use showing you are actually using the trademark to sell goods or services or request an additional 6 month time period to start using the mark. You can request an extension up to 5 times, giving you a total of 36 months to start using the trademark. 
​

Altogether, the trademark registration process typically takes a year or more, especially if there are opposition proceedings, competing applications, or you file on an “intent to use” basis. Our trademark attorneys help businesses and nonprofit organizations navigate this complex proceeding so that you can focus on building your brand. And once you have your trademark registration, we assist with maintaining your trademark and protecting it from trademark infringement. 

SCHEDULE A CONSULTATION

Trademark Search and Registration:
  • $1,175 per word mark +$250 minimum USPTO fee per mark per class
  • $1,600 per design mark +$250 minimum USPTO fee per mark per class
We check the USPTO database for other pending or registered trademarks that may impede your ability to register your business's or nonprofit's proposed trademarks, including possible phonetic or spelling variations. We then look for potentially conflicting registered trademarks as well as unregistered marks that might lead to potential common law claims. We then prepare a complete report of our findings, including a legal analysis addressing the likelihood that your trademark will actually register.

No trademark search can guarantee that the USPTO examining attorney assigned to your trademark application won't raise additional/different potential concerns. A trademark search, like many areas of law, involves some level of subjectivity, and different attorneys will reach different conclusions about what is "confusingly similar." Ethically, we cannot make any guarantees regarding the outcome of a trademark registration application. 

If, based on our analysis, you decide not to proceed with a registration application, the Firm will refund $500 per trademark plus the anticipated USPTO fees.
Trademark Registration Application: $500 per mark + $250 minimum USPTO fee per mark per class​

Note: A trademark search is highly recommended before submitting a registration application.
Response to Complex Office Actions / Third Party Infringement Claims: $1,900

Includes legal research and initial response to Office Actions citing likelihood of confusion or third party claims alleging trademark infringement. Additional responses and/or ongoing negotiations may be billed hourly and require the Firm's standard retainer. 
Other USPTO Filings: 
​
  • Change of Address or Representation: $275
  • Extensions of Time: $425 + USPTO fee
  • Requests to Divide: $425 + USPTO fee per new application created
  • Statement of Use: $775 + USPTO fee

USPTO Fees
Other Trademark-Related Services
Customs and Border Protection Registration: $400 per registration number +$190 CBP Registration Fee (per registration number and per class of goods for trademark registrations)

Fictitious / Trade Name Registration: $375 + $39 Secretary of State Registration Fee / $29 Renewal Fee
IP Licensing Agreement: $4,275
Add HIPPA Business Associates Agreement: +$1,100
​
Review and Redline: $2,150

State Trademark Registration: $400 + $125 Secretary of State Fee

Trademark Assignment Agreement and Recording: $650 + $40 USPTO Fee / $25 Secretary of State Fee

Recent Trademark Law Articles

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The information contained on this website is not legal advice or legal opinion and should not be relied upon. Furthermore, nothing contained in this website is intended to create or establish, and does not constitute, an attorney-client relationship. 

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