Trademark FAQ « « Flat Fee Trademark Registration Flat Fee Trademark Registration

Flat Fee Trademark is a service of Minott Gore P.A., a trademark law firm. Attorneys Keesonga Gore and Serena Minott founded Flat Fee Trademark to offer their clients comprehensive trademark registration and trademark search services at flat fee prices. Other attorneys charge by the hour, which can get expensive. Flat Fee Trademark offers busy entrepreneurs and business owners an affordable way to protect their trademarks.

A trademark is a word, slogan, symbol or design that identifies and distinguishes the goods of one company from those of another. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. A patent is a grant of property rights to an inventor for an invention. The right conferred by a patent grant is the right to exclude others from making, using, offering for sale, or selling the invention in the United States or importing the invention into the United States. Copyright is a form of protection provided to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. The copyright owner is granted the exclusive right to reproduce, distribute, display or perform the copyrighted work publicly.

No. The federal registration symbol, the R in a circle (®), is for use only on trademarks registered with the USPTO, not for pending applications. Once your mark is accepted for registration, you may use the ® to provide notice to others of your legal rights in a federally protected trademark.

We offer a Comprehensive Trademark Search and Application Package for $475, which includes a complimentary consultation call with Attorney Gore or Attorney Minott, a search of the federal trademark database, all 50 States trademark records, common law uses and domain name registrations, an Attorney Opinion Letter analyzing and explaining the search results, and an Attorney-prepared trademark application. In addition, all applicants must pay USPTO government filing fees of $325 per mark, per class of goods and/or services for which you are seeking protection.

The $325 filing fee is the cost every applicant pays for the USPTO to administer the U.S. trademark registration system. Flat Fee Trademark receives zero revenue from these filing fees.

Most attorneys charge by the hour, which can really add up over time. At Flat Fee Trademark, we offer flat fee pricing as an affordable alternative to hourly billing. Flat fee pricing makes quality legal service more accessible for individuals and businesses, regardless of size or years in business. We’ve streamlined the trademark registration process and we keep overhead costs low so we can pass valuable savings on to our clients.

A federally registered trademark protects your brand name, logo or slogan from unauthorized use by others. A registered trademark provides legal protection and enforceable rights under the law against competitors and provides a basis to sue for trademark infringement if someone starts using your mark without permission on similar or related goods or services. A federally registered trademark guarantees:

• Use of the registered trademark symbol (®) alongside your brand or logo.
• Constructive notice to the public of your claim of ownership and exclusive right to use the mark in connection with the goods or services listed in the registration.
• National priority against anyone who attempts to use or register a confusingly similar mark.
• The ability to bring an action concerning the mark in federal court.
• In a case of trademark infringement, registered trademark owners are entitled to seek triple damages plus attorneys’ fees.
• The U.S. registration may be used as a basis to obtain registration in foreign countries.
• A federal trademark registration may be filed with the U.S. Customs Service to block the importation of infringing foreign goods.
• Ability to shut down Internet domain names that attempt to infringe upon your mark.
• After five years of registration, your right in the mark becomes incontestable, eliminating nearly every defense to trademark infringement.

To qualify for federal trademark registration, marks must be distinctive and not infringe on any existing marks. To determine if your mark has already been registered or if there are other uses that may impede registration of your mark, a comprehensive trademark search is highly recommended. As for trademark distinctiveness, there are several possible categories, from most distinctive to least: fanciful or arbitrary, suggestive, descriptive, and generic.

Running a trademark search prior to filing your trademark application saves time, money and protects your business from potentially serious disputes in the future. A trademark search provides valuable information about common law uses or existing registrations for the same or similar marks that may affect your application at the USPTO. The USPTO may refuse your application on the basis of a prior registered trademark, or a common law trademark user could oppose your application during the 30-day publication period. If the USPTO refuses registration of your mark for any reason, any filing fees and/or legal fees paid are non-refundable.

A Comprehensive Trademark Search provides a complete picture of the trademark landscape for your brand. It informs you if someone has sought federal trademark registration for a mark that is identical or similar to your proposed mark, or if someone has sought protection for the mark in any of the 50 U.S. states. It also lets you know about commercial uses of the mark for domain names and for business name registrations. Our Comprehensive Trademark Search service also includes an Attorney Opinion Letter, which explains the search results and how they may affect your trademark rights and trademark registration process.

If the results of the Comprehensive Trademark Search are not in your favor, we will provide a complimentary “knock-out” search of your new mark. If you would like another Comprehensive Search with Attorney Opinion Letter, the cost would be $325. You will still have a credit remaining from your original payment for our attorneys to prepare and file your trademark application.

Once your order is processed, you will receive the Comprehensive Trademark Search Report and Attorney Opinion letter within 3-4 business days. If the mark is clear, you will receive a completed, electronic application for review and signature within 1-2 business days. Once filed at the USPTO, the registration process usually takes between 9 – 12 months, but it may be longer if there are substantive issues to be resolved before registration is granted.

If your trademark was filed as an “Intent to Use” mark (the mark was not yet in use), you will have to file a Statement of Use once you start using the mark, or when the mark is granted provisional approval by the USPTO, whichever occurs first. The Statement of Use informs the USPTO that you are now actively using your trademark in commerce and your ITU application should be allowed full registration. We must also submit a specimen showing actual use of the mark in commerce on the goods or services specified in the ITU application. Once filed, your mark will proceed to registration and you will receive a Certificate of Registration 4-6 weeks later.

Office Actions are a part of the procedural process that occurs during the USPTO trademark review process. Office Actions are not uncommon and may be issued for a variety of reasons. Contact us at (800) 769-7790 to discuss your specific Office Action. Our attorneys can advise you as to the reason for the Office Action and most importantly, assist in preparing legal arguments to properly address the issue in a timely manner.

A federal trademark registration lasts for 10 years but may be renewed indefinitely if the proper step are followed. You must continue to use the mark on or in connection with the goods or services specified in the registration and file a Statement of Continued Use on or before the 6th year anniversary of your trademark registration.

Trademark infringement is the unauthorized use of a registered trademark by another. Your brand name, logo or slogan may be a target of trademark infringement or you may inadvertently infringe on someone else’s trademark. An infringement claim against you could prove costly if you are found liable for monetary damages such as lost profits, and in some cases even attorneys’ fees and punitive damages.

One of the primary factors the USPTO considers in determining whether to allow a mark for registration is whether there exists a likelihood of confusion between the proposed trademark and a registered or pending trademark for the goods or services covered in the application. The USPTO considers: (1) how similar the marks are, and (2) the commercial relationship between the goods and/or services identified by the marks. The marks do not have to be identical to be confusing. There could be similarities in appearance, sound, meaning or commercial impression to support a finding of likelihood of confusion.

Trademark “dilution” refers to the lessening of the capacity of a famous mark to identify and distinguish goods or services, regardless of the presence or absence of (1) competition between the owner of the famous mark and other parties, or (2) likelihood of confusion, mistake, or deception. Unauthorized use of a registered trademark in a manner that damages or devalues the quality, prestige or stature of the brand may result in a suit for trademark dilution.

No. If you would like trademark protection in countries beyond the United States, you must complete an international trademark application for those countries or regions. If you are interested in seeking international trademark protection, please contact us at 800.769.7790 for rates and more information.

The Madrid Protocol is the primary international system for trademark registration in multiple jurisdictions throughout the world. The Madrid Protocol gives existing trademark owners or trademark applicants the ability to extend trademark protection in any and all member states by providing a bundle of national registrations through one application. Applicants must specify the countries in which they are seeking protection and pay the appropriate filing fees. A home registration or application is required to seek protection under the Madrid Protocol.

Once your order is processed, your card will be charged $475 (for one mark). You will receive the Comprehensive Trademark Search Report and Attorney Opinion letter within 3-4 business days. If the mark is clear, you will receive a completed, electronic application for review and signature within 1-2 days. Once signed, we file the trademark application with the USPTO. Your credit card will be charged for USPTO filing fees at the time the application is filed. Our Flat Fee Trademark service includes standard monitoring and standard non-substantive responses to the USPTO pending registration. Additional flat fee rates apply if we are requested to present substantive responses or legal arguments to the USPTO.