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Steps / Timeline in obtaining a Trademark or Servicemark

In order to obtain a trademark, one needs to work diligently through the requirements mandated by the US Patent and Trademark Office (USPTO). Some of the tasks to consider are:

• Determine the name or phrase to be trademarked and ensure they conform to the Type of Trademark permitted by the USPTO (see the next page "The Types of Trademarks")
• Conduct a trademark search (state, international, common law, trademark, etc.)
• Conduct a comprehensive federal and state trademark search (i.e. sound variations, etc.).
• File the registration with the USPTO. You may also need to file a "Statement of Use/ Amendment to Allege Use" form based on a "bona fide intent to use".
• Approximately 6 months after the filing you will receive an answer from the USPTO.This could be up to several years depending on the complexity of the filing and the legal issues that arise.
  

The Costs in obtaining a Trademark Registration

It is important to consider retaining an attorney to assist you in the process of researching and registering your trademark. Failing to retain an attorney could result in multiple fees for filings and amendments, as well as the addition of years to the process. In addition, we receive several inquiries about using online trademark services. Since trademark law requires a high level of research and subjective analysis, these services tend to be assist you in filling out the form only. As a result, your trademark runs the risk of being denied or costing you more in the short and long run.

Generally, attorney fees are made up of a fixed base fee and a variable fee that depends on the amount of work in addition to filing and court costs. As of November 2002, the filing fee to register a Trademark is $325.00. In addition it will cost $100.00 to file a Statement of Use. There are other costs for renewals of trademarks. For trademarks and servicemarks filed after November 1989, one must renew the trademark at specified periods during every 10-year term. As of November 2002, the application fee for such renewal is $400.

For more information, please e-mail Patrick J. Callahan Esquire of the Law Firm of William H. Copperthwaite Jr., LLC at pjc@whc-law.com.

(next page >> The Types of Trademarks)