Nyman IP
Scott Nyman

Registered Patent Attorney


U.S. Trademark Application

Trademarks protect words, names, symbols, sounds, or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods. Trademarks, unlike patents or copyrights, can be renewed forever as long as they are being used in commerce. “Trademark” refers generally to the four types of marks that can be registered with the USPTO: trademarks, service marks, certification marks, and collective marks. Since registration confers essentially the same benefits for all types of marks, the term “trademark” is often used to generally apply to trademarks, service marks, certification marks, and collective marks.

Federal registration of a trademark provides some very important benefits to consider when building an intellectual property portfolio. Benefits can include:

- Constructive notice nationwide of the trademark owner’s claim.

- Evidence of ownership of the trademark.

- Access to enforcement of rights in federal courts .

- Registration can be used as a basis for obtaining registration in foreign countries.

- Registration may be filed with U.S. Customs Service to prevent importation of infringing foreign goods.

Nyman IP assists clients throughout the entire life of the mark, from application to registration, maintenance, and enforcement of rights. The services covered here related planning out, preparing, and filing a federal trademark application.

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As soon as Jul 11, 2020

What does it include?

Federal trademark application with the U.S. Patent and Trademark Office

Preparation and filing: $850 legal + USPTO filing costs (1 cl.): $275 (est.)

Total fixed-rate flat fee: $1,125 (including USPTO fees)

Please note that this quote is provided as a flat fee covering only the activities listed below.

- Review and analysis of proposed mark. 

- Additional research required to determine scope of goods and services for the proposed mark. 

- Drafting and revising federal trademark application, including one class of goods and services. Additional classes can be added at $200 each, and will require additional governmental fees estimated at $275 each. 

- Telephone and email correspondence with clients regarding the proposed mark, application review, declaration, power of attorney, and filing requirements, as necessary. 

- Preparation of professional drawings, if required (draftsman services included). 

- Preparation of official filing documents. 

- Filing of trademark application with U.S. Patent and Trademark Office and attending to payment of governmental filing fees for each class. 

Incoming correspondences from USPTO and initial reporting of deadlines during pendency of the federal trademark application will be provided using a flat rate of $100/letter.* Reminder letters for upcoming deadlines will be provided using a flat rate of $50/letter.*  

The trademark registration process is generally divided into smaller processes that create a basic timeline from conception to registration. Not all the steps in the trademark timeline may be required, and an applicant’s timeline may differ depending on his or her specific needs. The service summarized above is for the initial step of preparing and filing the trademark application. Additional steps will often be required, and vary from application to application. Due to the large variation between applications, each step of the process will be analyzed and quoted as they occur. For most applicants, every step from application to registration and maintenance can be performed using flat rates.

Before any service can begin, Nyman IP must conduct a conflict check to ensure all parties can work together. Additionally, a representation agreement must be signed and accepted before representation can begin or any services are performed. Services marked with an asterisk (*) are provided only during ongoing representation by Nyman IP and will not be provided after such representation concludes. The above quote uses flat fee pricing and covers the services listed with each activity. Governmental filing costs and other costs will be added to the fees for legal services to determine a total fixed-rate flat fee.

Why is it important?

Trademark registration and maintenance is complex. Although not required, most owners use private trademark attorneys for legal advice regarding use of their trademark, registration of a mark, and the unique issues for maintaining a federal registration, since not all registration remain valid perpetually. A private trademark law firm (not associated with the USPTO), such as Nyman IP, may help you avoid many potential pitfalls.

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