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What's in a name? Your future.

We offer trademark clearance, registration, and monitoring by an experienced trademark attorney via transparent fixed fee packages, including the US Patent & Trademark Office filing fee for registration in one class.

Basic Registration

$600 + USPTO Fee*

Who is this for?
You are already using your trademark publicly.


What’s included:

-Federal Knockout Search of one mark

–Analysis of Search Results by Experienced Trademark Attorney
–Up to 30-minute phone consultation with your Trademark Attorney to review Search Results
–Preparation of Trademark Specimens for marks currently being used in commerce
–Preparation and Filing of U.S. Trademark Application for mark currently being used in commerce
–Status Updates through Registration Process

–Response to request for a disclaimer from the USPTO examiner

–Response to request to amend description of goods & services from USPTO examiner

–Response to request to amend specimen of use from USPTO examiner

–Sends you a digital copy of your Trademark Registration Certificate once fully registered

 

Intent to Use Registration

$900 + USPTO Fee**

Who is this for?
You haven’t yet launched but want to reserve your mark.

What’s included:

-Federal Knockout Search of one mark

–Analysis of Search Results by Experienced Trademark Attorney
–Up to 30-minute phone consultation with your Trademark Attorney to review Search Results
–Preparation of Trademark Specimens once marks are being

used in commerce
–Preparation and Filing of U.S. Trademark Application for mark intended to be used in commerce
–Status Updates through Registration Process

–Response to request for a disclaimer from the USPTO examiner

–Response to request to amend the description of goods & services from USPTO examiner

–Response to request to amend specimen of use from USPTO examiner

–Sends you a digital copy of your Trademark Registration Certificate once fully registered

– PLUS –

 

–File Extensions of Time and/or Notice of Use Statement (Required if you are not yet using your mark in commerce at the time of the application)

Registration and Montioring

$1300 + USPTO Fee***

Who is this for?

You want to protect your mark AND ensure others aren’t infringing it.

What’s included:

-Federal Knockout Search of one mark

–Analysis of Search Results by Experienced Trademark Attorney
–Up to 30-minute phone consultation with your Trademark Attorney to review Search Results
–Preparation of Trademark Specimens for marks currently being used in commerce
–Preparation and Filing of U.S. Trademark Application for mark currently being used in commerce
–Status Updates through Registration Process

–Response to request for a disclaimer from the USPTO examiner

–Response to request to amend description of goods & services from USPTO examiner

–Response to request to amend specimen of use from USPTO examiner

–Sends you a digital copy of your Trademark Registration Certificate once fully registered

– PLUS –

–File Extensions of Time and/or Notice of Use Statement (Required if you are not yet using your mark in commerce at the time of the application)

–1 Year of Federal Trademark Monitoring (following registration) that includes weekly updates on any marks filed with USPTO that could be confusingly similar to your mark.

*For a TEAS Plus registration, in one class of goods or services, the USPTO filing fee is $250 subject to change by USPTO.

**If your mark is not yet being used in commerce then a Statement of Use or an Extension to file Statement of Use will need to be prepared and filed within roughly a year of the initial application. This costs an additional $400 ($200 USPTO fee subject to change by USPTO + our fee of $200).

*** Includes a registration in one class of goods or services with a USPTO filing fee of $250 subject to change by USPTO.

  • WHY SHOULD I USE AN ATTORNEY?
    Clearing and registering a mark requires in-depth knowledge of trademark law. There are many cheap trademark services out there that give the appearance of providing the same service that an attorney does, but if you read the fine print you will find out that all they do is serve as a middleman between you and the United States Patent & Trademark Office. These low cost service providers cannot offer legal advice and no attorney is working on your clearance and application, regardless of what their marketing implies. The best known non-law firm legal service providers have faced lawsuits and challenges by state bar associations for unlawfully practicing law. Ultimately, make sure you are getting the work done by an attorney otherwise the provider cannot give you legal guidance with regards to your trademarks and filings. You would likely do just as good a job by filing the mark yourself directly on the USPTO website. For many types of errors or changes, you would need to file an entirely new application and forfeit the fees you previously paid. If your application receives an office action, non-law firm service providers are unable to respond to the USPTO and unable to advise you about what it means. You would then need to scramble to find a trademark attorney and then pay them to catch up on your situation since they were not the ones who filed the mark. At Macy & Peters, an experienced trademark attorney provides specialized legal guidance throughout the registration process. We can prepare you for the likelihood of receiving a rejection and give you a risk assessment before submitting the application in case it makes more sense to change the mark. Get it done right the first time.
  • WHAT IS A TRADEMARK?
    Trademarks were created by law to protect consumers. They are meant to be indicia of source, meaning, you know the source of what you buy because of the trademark on the package, and so you can have a reasonable expectation as to the quality of your purchase based on past experience with that brand. If any computer company could slap an Apple logo on their computer, or any soda maker could package their beverage in Coca-Cola packaging, we’d have a problem making our shopping decisions. Nowadays, people are more aware than ever of the power of a well developed brand identity. At the core of any brand identity are unique trademark(s).
  • SHOULD I REGISTER A STATE OR FEDERAL TRADEMARK?
    The United State Patent and Trademark Office manages federal Trademark registration in the U.S. A federal trademark gives you rights throughout the U.S. but not internationally. When you register a name with your state (and not all states, including California, register “trademarks” at the state level), you only have some protection in that state, but could be trumped by a federal trademark with regards to other states or territories.
  • WHAT RIGHTS DOES A TRADEMARK GIVE ME?
    A Trademark gives you the right to prevent others from using your registered mark as an indicia of source of their goods or services. So, only Converse can use the word “Converse” to sell shoes and athletic apparel. Only Delta Airlines can use the word “Delta” with regards to airlines or air travel. However, Delta Faucets has peacefully coexisted with Delta Airlines for decades because no consumer really thinks they’re buying air travel from a faucet and sink maker, thus there is no reasonable “likelihood of confusion” that could lead to the consumer being harmed by that purchase. Southwest Airlines is the only airlines that can use the word “Southwest” as an indicia of source, but they cannot prevent other airlines from saying that they fly routes within the Southwestern United States, because that would unreasonably limit competition. The law specifically prohibits that sort of monopoly on language. So, owning a trademark doesn’t mean other people can’t use the word or words, it means that others can’t use it in a trademark capacity- meaning, they can’t use it to indicate the source of goods or services in commerce. That may seem like common sense but sometimes a company that has trademarked a name or phrase wants to prevent anyone else from using that name or phrase. Trademark law is written to specifically avoid giving this kind of monopoly over language to Trademark holders. Unless they are using your mark to indicate a source of goods or services in commerce, in a close enough industry to yours, then it’s unlikely you have the right to prevent them from using that language. Not sure? Consult with a Trademark attorney.
  • HOW LONG DOES IT TAKE TO GET A TRADEMARK?
    We file most marks within 3-5 business days of completing your file. If we reach out for further information or clarification and you do not respond in a timely manner, that may delay the filing of your mark. Once we have submitted your application, we will email you a confirmation. Once the application is submitted, it is not assigned to an examining attorney at the USPTO until after 3 months. That is when we may hear from the USPTO about any additional requirements or objections they may have. Small follow up requests are included as part of your trademark package, but certain Office Action rejections are not and if one is received, your attorney will be in touch with you about your options. No news is good news and if the USPTO approves the application to proceed it will advance to the publication phase. At that time, the mark is published publicly and others are given the opportunity to object to the registration of your mark. At this time we may receive a challenge from a company that feels it may be harmed by the registration of your mark. Though rare, it happens and our attorney will be in touch to discuss if this occurs. If there are no delays, it takes about 8 to 9 months for a trademark to fully register.
  • DO I HAVE TO PAY AN ANNUAL FEE FOR MY TRADEMARK?
    Trademarks can last forever- as long as they continue to serve as an indicia of the source of goods and/or services. Trademark renewals and verification of use are required roughly every 5 years. We will advise you of upcoming deadlines at no additional cost.
  • SHOULD I OR MY COMPANY OWN MY TRADEMARK?
    Whatever entity you have set up for your business, that entity should be the owner of the mark for a number of reasons. Do not register the mark in your personal name if you have an entity set up (which the trademark is related to) because your mark could even be invalidated for listing the wrong owner on the application.
  • CAN A FOREIGN CITIZEN APPLY FOR U.S. TRADEMARK?
    Yes. There is no citizenship requirement for registering a U.S. trademark.
  • HOW ARE YOU ABLE TO KEEP YOUR COSTS SO LOW?
    Because of our focus on entrepreneurs, startups, and emerging growth companies, Macy & Peters keeps low overhead and can pass the savings on to clients. Large firms in the same geographical region charge thousands of dollars for a single trademark registration through the firm. It is still a mystery to us what this price tag is for since small clients will receive little if any personal attention, and are often not getting the benefit of the more experienced attorneys at the firm.
  • CAN I DO MY OWN CLEARANCE AND YOU FILE FOR ME?
    I had a brilliant client come to me once asking that I just file the application because he had already done the clearance himself. He had no documentation of the clearance, but just assured me that he had checked and didn’t want to spend the money for it to be cleared again. I told him I’d do the clearance for free but couldn’t conscionably file an application without knowing it had been properly cleared. Within 60 seconds of me beginning the search I had found a mark that would absolutely be a bar to him being able to register his mark. He was not pleased when I told him the news- he actually asked how I had found that when he had not?? Well, because I’m a trademark attorney I told him. He went through a few iterations of the name and we finally got him a registered mark, but if he’d gone ahead with the initial one he would have lost the money spent and the time waiting, to say nothing of the potential infringement had he gone to market. If you have a search that was done by another firm, we are happy to review it and not do additional searching on our own, but we will quote that package on an ad hoc basis as we do not have a pre-built package for that scenario. If you just “cleared” it yourself, we strongly recommend you pay the clearance to be done by a professional, it is well worth the small cost.
  • WHAT HAPPENS IF I RECEIVE AN OFFICE ACTION REJECTION?
    Responses to substantive Office Actions can vary in the amount of time required and certain actions are not included in the package. Once we see the rejection, we will be able to determine a fixed-fee for our preparing and filing a response. If you receive a rejection, your trademark attorney will reach out to you to discuss what exactly the USPTO has said and what the options are to move forward.
  • CAN I REGISTER ON THE AMAZON BRAND REGISTRY?
    Yes, but Amazon requires that the mark be a standard character mark and that it be fully registered before they admit you to their brand registry. Make sure to discuss this with us in advance of filing the application as we will need to designate a standard character mark in the application.
  • WHAT IF I ONLY WANT A SEARCH WITHOUT THE FILING?
    We are happy to provide clearance only services, just reach out to us via the contact form and let us know.
  • WHAT IF THE SEARCH RESULTS MEAN WE CAN'T REGISTER?
    We are happy to offer you additional searches at $125 each.
  • WHAT IF I'M NOT SELLING MY PRODUCT OR SERVICE YET?
    If you are not using the trademark in commerce yet, the USPTO requires you to file a “Intent to Use” or “1(b)” application and then submit the specimen showing use in commerce at a later date for an additional fee. If you are not yet using the mark in commerce, you should select the “Intent to Use” package. If you are using the mark in commerce, you will be required to provide a specimen of such use at the time you fill out our form.
  • CAN I FILE FOR MORE THAN ONE CLASS?
    Yes, this provides additional protection if you are using your mark on goods and/or services in multiple classes. The USPTO charges fees based on the number of classes, so we must charge an additional fee of $250 per class or $350 per class depending on the goods and services proposed. Most of our clients don’t need more than one class. If a competitor has similar goods or services, that will be enough to find infringement if they are using a confusingly similar mark, so you may not need to be registered in every relevant class. Ask your trademark attorney if you want to know whether you should register in multiple classes.
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