Applied Patents and Trademarks

TRADEMARKS

1.  A trademarks is:

    - a word, symbol, design, combination word/design/symbol, or slogan.

    - they are/become your brand name and/or product or service identity to distinguish your goods and services from those of another

    - they are/become important and valuable property rights and, like real estate property, are transferable and the transfers are recordable in the Patent and Trademark Office (PTO).

2.  Federal Filing Process:

    a.  Federal Trademark Registration affords the most protection. If a Mark is Federally registered, the 'circle-R' symbol is used with the Mark.

    b.  Search first. All word or combination Marks should be searched to see if another party has already Federally registered the Mark or filed for Federal registration. Average search costs done by Applied Patents and Trademarks [APT] generally range between $100-$150.

    c.  Register by Class. There are 45 Classes. You would seek registration in one or more classes in which your products or services apply.

3.  The total initial cost for filing a trademark application in a single class ranges from about $775 to $875.  These are flat fees which include the filing cost payable to the PTO and attorney fee.  These costs apply in most cases.  If a drawing is required, there will be an additional cost of approximately $100-$125.

4.  Once filed, the application is assigned to a Trademark Examiner for a detailed review and examination.  Not all applications get approved, particularly on the initial examination. 

    a.  There may be some post-filing requirements.

    b.  If approved by the PTO, there may be some post-approval requirements.

    c.  If registered, there will be some post-registration requirements.

Each of the above [a through c] will incur some additional costs. When you retain a lawyer to process an application for you, these potentialities, and cost ranges, should be explained ahead of time so that you may make an informed decision on whether or not to file a trademark application. Each filing is different and many do go through to approval with no further requirements or costs until the post-registration requirements arise.

Link to the Trademark section of the PTO.

Send an e-mail to APT