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Frequently Asked Questions
Some other trademark services
offer "assistance" with the registration process,
why are your registration services any better?
While other services may make this claim, please ask yourself
these questions: (1) Is this "analysis" performed
by experienced trademark attorneys? Are you given any indication
as to these "experts" qualifications? (2) Does the
"analysis" consist of "highlighting" search
results with a marker, with no written explanations? (3) Is
the "analysis" really free, considering it is part
of every search package, and is reflected accordingly in the
total price? At Allmark, our Gold packages include a detailed
Attorney Analysis and Opinion Letter. This letter specifies
potential conflicts, the reason they are problematic, and
your chances of overcoming them. Any additional problems with
your trademark will also be addressed, such as "descriptiveness",
improper usage, etc. No other trademark service offers this
feature. The only comparable service is found in large traditional
law firms, with their high hourly fees.
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I have decided to have you
file a trademark registration on my behalf, are there any
other charges in addition to your legal fee of $349.00, and
the USPTO filing fee of $335.00 per International Class?
In most cases, this is the total charge. There are two exceptions:
(1) In the case of an "Intent to Use" application
(where the trademark is not yet being used in commerce), there
is an additional charge at the time actual use is shown. In
the case of a typical "single Class" registration,
this amount would total $200.00 (this includes the additional
USPTO fee); (2) In cases where the Application contains three
or more International Classes, Allmark charges an additional
fee of $100.00 per class.
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What is an "intent to
use" trademark application, and how does it differ from
a "use" based trademark application?
When a client has a good faith intention to use a trademark
in the future, but is not currently doing so, they may file
an "intent to use" application with the USPTO. This
preserves an applicant's claim to a mark, until actual use
can be shown. Once the client is using the mark in commerce,
additional paperwork and "specimens of use" must
be submitted to the USPTO. Allmark will assist you with this
process. Some additional fees will apply (typically $250.00).
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I have received an "Office
Action" from the USPTO, which states my mark is not suitable
for registration. Is there anything I can do to save my application?
Yes, there are several potential options in this situation,
including the filing of a formal response to the Office Action,
contacting the owners of a conflicting mark, or even the eventual
filing of an appeal to the Trademark Trial and Appeals Board
(TTAB). Allmark can provide assistance in such matters. Call
for a free consultation with one of our trademark attorneys
(1-866-255-6275).
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From the time my federal trademark
application is filed, how long will it take before my mark
is registered?
Assuming there are no conflicts with other marks, your trademark
should be officially registered within 10-15 months. This
number may vary however, based on the Examiner assigned, whether
there were inaccuracies or improper descriptions in the trademark
application, or other factors.
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