Trademark FAQs

 

  • Should I search the trademark?  A search should be conducted to determine the availability of the mark for registration.
     
  • How much does a search cost?  A trademark search and opinion as to availability cost about $1000.00 and can be obtained typically in a couple of days.
     
  • I’ve registered my domain name so do I need to register my trademark?  A registered trademark precludes registration and use of confusingly similar marks, while a domain name has no corresponding effect.
     
  • How long is the registration process?  Assuming no substantive problems, such as a refusal due to likely confusion or an opposition, the process typically takes about one year.
     
  • How much does it cost to file a trademark application?  The initial cost is about $1000 for one class of goods/services.
     
  • Can I file an application if I am not using the mark?  Yes, an application may be filed provided that the applicant has a bona fide intent to commence use in the future. 
     
  • Why should I register my trademark?  A registered trademark is entitled to the presumption that (1) the mark is a trademark, (2) the trademark is owned by the registrant, and (3) the owner is entitled to use the trademark throughout the United States to the exclusion of essentially all others.  A fourth presumption is that the registration may become incontestable and thus much more difficult to challenge.
     
  • What is the difference between a mark registered on the Principal Register and on the Supplemental Register?  A mark registered on the Supplemental Register is not entitled to the presumptions of 7 above.  It is a term that is capable of serving as a trademark, but has not yet officially attained that status.

< back