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 Tysver Beck Evans 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.

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This guidance is provided by the attorneys of Tysver Beck Evans. Please contact us if you need help protecting your intellectual property. The legal information provided in this guidance should be distinguished from actual legal advice. Please see the Guidance index page for more information.