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Company name and logo - Are these two trademark searches and registrations?

klaus graefensteiner Mar 29, 2013 10:59PM PDT

Hi,

I'd like to register a company name and a color logo that is associated with the company name.
Will that require two searches and applications? Is there a package deal?

Thanks,

Klaus

1 Agent Answer

Brett Apr 01, 2013 11:43AM PDT

Hello Klaus,


Thank you for your message. Yes, two searches and two applications would be required. We don't offer discounts or package deals, so you'd have to pay for each service itself, but our application services include a search. A review of our Registration Service is below.


SERVICES OVERVIEW

Thank you for your message to LegalForce Trademarkia. The $159/per class seen advertised on our site, part of the total $484 required when utilizing our assistance in filing your US trademark application, covers our service in assisting you with beginning and monitoring the registration process, and usually concludes in our office mailing you your US trademark's Certificate of Registration, issued by the United States Patent and Trademark Office (USPTO). As well, an attorney will be reviewing the content of the application before it's filed on your behalf, greatly increasing the likelihood that your trademark receives its registration. After the review, the attorney may advise not to file. A full refund the $159 paid is available as well as the offer to provide the attorney another mark to review. After a successful review, you're charged the USPTO's $325/per class filing fee as the application is filed at that office (totaling out the $484). Once the application is filed, neither their filing fee nor our service fee are refundable (as stated in the Terms & Conditions agreed to upon ordering).

When you file a trademark application, you describe the business done using that trademark and then classify that description according to 1 or more of 45 trademark classifications. Once you receive the registration of your trademark, the intellectual property protection granted is for all products/services included in that class; meaning, no one within the US can offer the public a product/service within that class using your trademark. A link to a list of the 45 International Trademark Classifications is provided below, for your review.

http://www.oppedahl.com/trademarks/tmclasses.htm

Applicants cannot trademark a name, logo, or slogan without Proof-of-Use in Commerce, which is evidence submitted to the US government that validates their description of the business currently underway in relation to the trademark. Trademark registration is to protect money made by a business using a name, logo, or slogan that is unique to their public image from other businesses who may attempt to use that name, logo, or slogan to sell a similar product/service (possibly profit off notoriety the original business has garnered using their trademark or simply due to the trademark's relation to the industry itself). If no money is being made while using the trademark, the applicant cannot attain federal registration.

The USPTO’s registration process takes roughly 12 - 16 months, successful completion of which grants the applicant federal protection of their trademark by the US government. During this process we'll keep you updated about the progress of your application and provide regular notifications of any requirements issued. Depending on how you file, you might even have your application finish in the successful registration of your trademark without any further action on your part, and usually there are only two phases of the registration process where action may be required.

The first is that there are two ways to file your trademark application. Filing with Proof-of-Use already in the application, or 1(a), and filing without the proof, and instead explicated Intent-to-Use, in the application, or 1(b). 1(a) merits no future action on your part after supplement in the application initially. Shortly before issuing registration to 1(b) applications, after the USPTO has judged you should have the rights to your trademark per trademark law, they will request the necessary Proof-of-Use via issuance of a "Notice of Allowance" granting the applicant six months to satisfy the requirement. Once provided, paying a filing fee of $100/per class for such paperwork, or Statement-of-Use, the USPTO will register the trademark.
Note: Applicants are also given the option of requesting an Extension of Time to provide Proof-of-Use and must these requests in six month intervals, submitting the request for an Extension-of-Time (six additional months) with the required $150/per class filing fee for such paperwork, with a total of four requests allowed (36 months maximum).

LegalForce Trademarkia.com's service fee for assisting you with filing either a Statement-of-Use or an Extension-of-Time is $279/per class. Once applied using type 1(b), Intent to Use, applicants can file their Proof of Use prior to issuance of the Notice of Allowance, which is called filing an Amendment to Allege Use, with our service fee for assistance at the same $279/per class. You can find more information about this at the USPTO's website, here: http://www.uspto.gov/trademarks/teas/intent_to_use.jsp

The second phase of the process wherein action may be required is during the USPTO's review of your application.

If the government requires any modification made to the application by the applicant, they will issue what's called an Office Action, a type of legal notice, requesting the applicant submit a formal reply regarding the modification with proper signature (proof of identity as applicant). There is no fee for filing such a response to the government directly but if you'd like to work with us, utilizing the assistance of your assigned attorney, there is a service fee, an outline of which you can review using the link below.

http://www.trademarkia.com/trademark/trademark-office-action-price.aspx

If the government denies your application, they will first do so preliminarily, by issuing a similar Office Action notice (usually called a "Refusal" or "Final Refusal"), which the applicant is given a chance to reply to. Again, replying yourself, attempting to address the government's reasons for denying your application and overturning them yourself, is free. LegalForce Trademarkia.com's assistance requires a service fee, also outlined in the link. Both of these types of Office Actions are issued containing a deadline for submission of a response by the applicant of six months from the date of issuance of the Action.

Please let us know if we can be of additional assistance.

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