| |
|
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
|
|