Usual Course of a Trademark?

Unless there is an unusual urgency or deadline, preparation of the best possible trademark application for the fee estimated usually requires about one week, providing the client cooperates in promptly providing all required information. Our fee estimate includes our fee for preparing the application, as well as all application out-of-pocket costs for Trademark Office filing fees (currently $325 per classification), draftsman fees, mailing costs, informal response to Trademark Office inquiries, etc. Usually, the client provides the fee prior to the filing of the application.
 
After the filing of the application, the Trademark Office, normally within six to eight months, issues an Office Action, to which the Applicant's response is required within six months. Where issues of descriptiveness or likelihood of confusion are addressed by the Trademark Attorney, a formal response is usually required. Because of the unknown nature of any required response, an additional fee for formal response to an Office Action may be necessary. The Office Action process may take as long as 12 to 24 months to complete.

If all issues of the Trademark application are addressed to the Trademark Attorney’s satisfaction, the Trademark Office will approve the application for publication. The mark is then published in the Official Gazette of the United States Patent and Trademark Office for opposition. If there is opposition, additional effort and expense may be incurred if the client desires to continue in the attempt to register the Trademark. [This paragraph does not apply to "Intent To Use" applications.]

Once the certificate of registration is obtained, the owner of a registered mark should use ®, an uppercase "R" enclosed within a circle, every time the mark is used. In order to maintain the registration of a mark, the owner must continually use the mark, as registered, and must periodically file affidavits or declarations of continued use or excusable non-use of the mark.

A Federal trademark registration is valid for ten years from the registration date. Under current law, at some point between the 5th and 6th year of registration the owner must file evidence of continued use with the Trademark Office stating that the mark is still being used in connection with the goods and that the mark has been used continuously since the registration date. It is also a requirement to file sample specimens with the Affidavit. Trademarks must be renewed every ten years to remain in effect. Stoneman Volk Patent Group can prepare and file these documents for you, if you wish.

After Trademark Registration