Frequently Asked Questions
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Some other trademark services offer "assistance" with the registration process, why are your registration services any better?
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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, and the USPTO filing fee(s)?
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What is an "intent to use" trademark applicatison, and how does it differ from a "use" based trademark application?
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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?
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From the time my federal trademark application is filed, how long will it take before my mark is registered?
1. 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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2. I have decided to have you file a trademark registration on my behalf, are there any other charges in addition to your legal fee, and the USPTO filing fee(s)?
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 $300.00 (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 additional class.
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3. 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 $300.00).
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4. 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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5. 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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