There are several things to consider when registering a federal trademark. The first is the establishment of your mark. What is the mark you wish to register? The second is a determination of the goods and services the mark will be used for. Finally, you need to decide when the mark will be used. Have you already started using your trademark or are you planning to use it in the near future?
What is Your Mark?
When registering your trademark, it is important to determine what your mark is and the best way to protect it. Is it a clearly defined set of words? Does it always appear in a logo form? Is it a variation on an existing mark? An attorney can help you with this process to evaluate your mark and find the best way to protect it.
Identifying Your Goods and/or Services
In addition to clearly identifying the mark, it is important to identify the goods and/or services the mark will apply to. This must be done in a clear and precise manner to identify the specific protection you are claiming. Additionally, the selection of this wording can impact the scope of your protection as well as aid in ensuring that other marks will not prevent you from registering your mark.
Use of The Mark
In the United States, applicants for trademark protection do not have to be actively using their mark in order to register it. This has an advantage if you are in the early stages of product development and need to reserve a name for future use. By filing an intent to use the mark, you can make a claim on it before you begin to sell your goods or services. This can be done up to three years before a product is publicly available.
Trademark Registration / Application
The application process requires an analysis of existing marks and a determination of the best classifications and descriptions to use in order to provide the broadest protection.
Kunkle Trademark and Legal can assist you in selecting the best registration for you. Applications are filed on a flat fee basis. This fee includes a knock-out search, drafting and filing the application, tracking the trademark application through the registration process, and responding to initial office actions.
- Pricing: $975 for up to 3 classes ($100 per each additional class), plus Government Charges: $225-$375 per class.