Trademark Law FAQs

1.  What type of trademark do I need?
     Answer: There are several types of trademark applications available to individuals and businesses, including sylized marks which cover logos and word marks, which can be used to cover brands, names, and slogans.  We can help advise you on which you need. In some cases, you also register packaging as trade dress and even sounds as marks.

2.  How does the trademark process work? 
     Answer: Trademark applications are usually pending from the time they are filed until they actual issue in about six months (but sometimes longer than this).  Unlike patents, trademarks do not expire but must be maintained through periodic payment of fees to the USPTO every five or ten years.  Usually, after a trademark application is filed, it is about 3 months until the US Patent and Trademark Office (USPTO) examines the application to decide whether to issue it.  Some application get office actions, which consist of rejections from the USPTO which your attorney will need to respond to.  Attorney typically charge extra to respond to office actions from the USPTO, however we offer all new clients trademark registration, including responding to all office actions, for a flat fee of $1,200.

3.  How much do trademarks cost to prepare? 
     Answer: We typically charge $1,200 for a trademark registration, which includes the filing fee of $225.  We do a clearance search before filing any trademark and refund the $1,200 if the trademark does not issue.

 

Domain Name Disputes

1.  Can I take a domain someone else has registered? 
     Answer: Yes, and we handle these cases regularly.  In short, if you can establish the individual who registered a domain name with knowledge of who you were, and that you had some kind of brand name in the domain, we may be able to take it from the registrant using either the UDRP or the ACPA.  Please see our Domain Name Disputes page for more information.