FAQ | Trademark Counsel

How does the process work?

Obtaining a trademark registration takes approximately one year. This surprises many of our clients.

Search. The process starts with an availability search.

File. We discuss an appropriate filing strategy that takes into account the results of the search, timing considerations, and the client’s budget.

Examination. The trademark office will pick up the application approximately 4-5 months after filing and examine the application. Oftentimes there are exchanges between us and the examiner during this time.

Publication. The application is published to give third parties the opportunity to oppose registration.

Notice of Allowance/Statement of Use. This is an additional step for applications filed based on an “intent to use” the mark.

Registration. We review the registration certificate to make sure that it issued correctly and forward it to the trademark owner.

We pay all of the government filing fees and handle all communications with the trademark office.

One legal invoice.* Keep an eye out for cost quotes from law firms that do not include the entire registration process.

*Additional fees may be required if there are substantive issues with registration. The goal of the search is to catch these issues before we file the application.

Why Work with Us?

Experience matters. The trademark office is not very forgiving when it comes to mistakes in the trademark application process. And the resulting trademark registration may not be bulletproof. A registration that issues based on flawed filings during the process is vulnerable to attack.

Service matters. We take good care of our clients. Our flat fee packages include unlimited access to us by phone or email.

Teamwork matters. We work together behind the scenes to make sure the experience is seamless.

Why File a Trademark Application?

A trademark registration provides peace of mind around continued use of a trademark.

It’s an important tool for preventing others from using or registering a similar trademark and for enforcing your client’s rights on social media platforms.

Some triggering events for trademark filings: formation of a new company, raising capital (investors want to feel secure in the company name and branding), a company rebrand, potential M&A activity (buyers want to feel secure about the assets that they’re purchasing), and licensing deals.

Trademark rights are territorial . A trademark registration in the US will generally only protect the trademark in the US. We have a worldwide network of trusted attorneys that we work with to secure trademark protection outside of the US.

How Much Does It Cost?

Our flat fee packages start at $1,800 . This includes the entire process. (*Additional fees may be required if there are substantive issues with registration, as noted above).

Pricing depends on whether the trademark is currently being used in commerce and on how many “classes” of goods and services are included in the trademark application. Please contact us for a quote.

We can issue our invoice to the principal law firm so that the firm can incorporate the cost of the package into its own invoice. Or, we can issue the invoice directly to the trademark owner.

Send us an email at info@trademark-counsel.com to get started.

Frequently Asked Questions