General Trademark Information
Trademark Application Information
We recommend performing a preliminary trademark search to determine whether there are other registered marks in the United States Trademark Office (federal trademarks) and we also search information on registered marks in each of the 50 states.
We further recommend a “full search” be performed to search not only the Federal registered trademark and each of the states, but also common law trademarks (a party is using a trademark and it is not registered), as well as common law business names and domain names.
After the searching is performed and a mark is chosen, we prepare and file a trademark application either in the United States Trademark Office (a federal trademark application), or we can also prepare and file a state trademark registration, for example in the State of Florida. A federal trademark covers the entire United States. A state trademark covers only the geographical areas within a state.
After filing a trademark application you may expect additional fees and charges during the prosecution of the application. It is during this time that an Examiner reviews the application and responds with either an acceptance of the application or with a list of items that need to be answered. Often times the Examiner’s search will reveal a mark that the Examiner may feel will cause a likelihood of confusion with your mark. In these cases we review with you the Examiner’s position, and with your authorization, we proceed and file an argument to counter the Examiner’s position. In the state applications there there could also be a comment from the state Examiner. This work during the prosecution stage is usually charged at an hourly rate.
Applications can be based on use of the mark or your intent to use the mark. If the application is based on use, it is necessary to submit specimens showing use of the mark.
After an application is approved by the United States Trademark Office, the application will be published for opposition. In the event the application is opposed you may incur additional charges for us to represent you in the opposition proceeding, should you decide to proceed.
Our goal is to obtain a registration of your mark to provide statutory protection for your mark.
If International protection is desired, we remain available to assist in registering your mark outside the United States in other countries throughout the world.