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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. 
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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. 
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: 
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  • 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
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