Trademark Registration Process

Why Register Your Mark?

Federal trademark registration offers important benefits as compared to unregistered marks, including:

  • Registration offers additional rights
  • Registration acts as a deterrent to trademark disputes
  • Registration offers better remedies in an actual dispute
  • A registered trademark has a lot more value on your balance sheet

For these reasons, you should consider registering anything related to your business that identifies and distinguishes your goods or services from those of the competition.

The VeriTrademark® Process

Every law practice had a different process for trademark registration.  Many lawyers will charge you simply to fill out forms.  Some law firs use a rigid and archaic process that isn't very sensitive to the fact that the information landscape in business has changed rapidly in recent years (with the proliferation of new technology and the internet, for example.)

VeriTrademark® favors a value-centric approach.  We will not register a mark that has not been cleared (to "clear" a mark is to opine that it is worthy of registration in light of the nature of the mark and the nature of similar marks already in the marketplace for similar goods or services, regardless of registration status).  The VeriTrademark® process offers insight into the following questions:

  • Are there any existing registered marks that trump your mark based on the "likelihood of confusion" legal standard?
  • Are there any formerly registered marks or existing unregistered marks likely to pose a problem for your mark?
  • Are there any statutory bars to registering your mark?
  • Assuming the mark is capable of registration, how effective will it be at deterring future infringers?
  • Is the mark dilutive or any existing registered marks?

Cost To Clear and Register a Mark

Federal trademark registration is a 9 to 18 month process with a number of milestones along the way.  Preparing a federal trademark application is deceptively complex, as each application question seems easy to answer, but in reality presents a minefield of potential problems – each with significant legal and economic consequences.  VeriTrademark® provides clearance and registration services on a flat fee basis.  For only a $900 flat fee, the VeriTrademark® process offers the following benefits:

  1. A search based on the VeriTrademark® proprietary search process
  2. A trademark opinion letter (typically 5+ pages of analysis)
  3. Up to sixty minutes of discussion to review and illuminate the various issues raised by the search (and detailed in the letter)
  4. Free application for registration of one mark in up to two trademark classes (note that a registration fee of $325 applies per class)
  5. Free responses to all procedural office actions associated with the application

For additional application classes, the incremental fee is $275 per mark per class.

Office Actions

An office action is communication from the USPTO that presents a barrier to registering a mark and requires a time-sensitive response. 

Substantive office actions require a legal argument.  VeriTrademark® fees start at $825 for responses to substantive office actions.  Fees start at $350 for non-complex procedural office actions.  Usually, we will provide a complementary review of the office action and quote you a flat fee for a response.