Overview on Guidance related to filing a trademark application
Guidance to help you determine whether or not to file a federal trademark application, and how to do so, is found on a variety of guidance pages in Bitlaw. The following is a brief summary of each page. Please read the separate pages for more information on each question.
Why Should You Federally Register Your Trademark?
Though unregistered marks have some value, federal registration of a mark provides several substantive benefits not enjoyed by mere common law (unregistered) trademarks. These benefits include the right to file suit in federal court for alleged trademark infringement; to bar to others attempting to register the same mark in a similar commercial field; provides the trademark holder with potential benefits in ICANN proceedings in the event of a domain name dispute by a third party; among many other benefits.
When should an application for federal Trademark registration be filed?
A trademark may be applied for before a product or service is offered for sale (the mark for registration is merely asserted to be intended for eventual use in commerce), or upon or after actual use (the goods or services associated with the mark are offered for sale and the mark is in actual use in association with those goods and services). Other factors may come into play when deciding the specific timing of the application’s filing.
How much does a federal Trademark Registration cost?
An attorney will usually charge between $750 to $2000 for filing a Trademark application; the costs vary. Government fees for the filing depend on the nature of the application (electronic filing is less expensive) and the number of international goods and service classes that the applicant is seeking to register the mark in. At Forsgren Fisher McCalmont DeMarea Tysver we single class applications cost about $1000 in attorney fees and roughly $300 in government fees on average.
Should you conduct a Trademark search and if so, when?
Though unregistered marks have some value, federal registration of a mark provides several substantive benefits not enjoyed by mere common law (unregistered) trademarks. These benefits include the right to file suit in federal court for alleged trademark infringement; to bar to others attempting to register the same mark in a similar commercial field; provides the trademark holder with potential benefits in ICANN proceedings in the event of a domain name dispute by a third party; among many other benefits.
Do you need an attorney to register your trademark?
Blah blah blah.
How to correctly identify your goods and services?
Blah blah blah.
Guidance on Trademark Applications
These pages provide guidance on filing a federal trademark application with the United States Patent and Trademark office. The trademark filing overview page gives a general summary of the guidance available in this section.
What is a trademark and when do you have one?
What is a "Common Law" trademark?
If you have rights without registration, why register?
Video explanation from the US Trademark Office
What is the cost of a trademark application?
What is the cost of a trademark search?
What costs are specific to intent-to-use applications?
What are the costs after your trademark is registered?
When should trademark applications be filed in general?
What is an Intent-to-Use application?
What is an Actual Use application?
What is a trademark search?
What is the cost of a trademark search?
Should you conduct a search?
Do you need an attorney?--Nope.
Why you should hire an attorney anyway
Video explanation from the US Trademark Office
The importance of fully listing goods and services
An Example--selecting your goods and services
The Example Continued--implications of the selection
What is an Office Action?
Common Types of Rejections in an Office Action
Great guidance coming soon
When is a mark confusingly similar to another?
Analyzing whether the rejection is appropriate
Arguments to make in responding to the rejection
What is it mean that a mark is merely descriptive?
What if the mark really is not descriptive?
What is secondary meaning?
Using the Supplemental Register