Frequently asked questions
How long does it take?
From the time you begin working with me, I will typically have your application submitted to the USPTO within 14 days. From there, it takes 8-12 months on average before the USPTO completes their process and sends you your certificate of registration. Although federal trademark registration has always been a slow process, it has become even slower ever since 2020 due to COVID-related backlogs and a huge spike in trademark applications.
Do I have to do a Clearance Search?
A clearance search is not required but it is highly recommended in most situations. Although you may have already searched the internet or the USPTO database on your own and determined that your mark is available, this is simply not enough to uncover potential conflicts and risks of refusal. Your search must go beyond looking for exact matches and include marks that are similar enough in appearance, sound or meaning to cause consumer confusion. A professional knockout search is the industry standard for determining whether you should invest time, money and energy into a particular trademark.
What happens if the Clearance Search shows that my proposed trademark is not available?
After we provide you with the Clearance Search Report, we will review the results with you and answer any questions you may have. If you decide that you do not want to submit an application for the mark because of the search results, you will be entitled to a partial refund or you can apply the balance to another search or related service.
How thorough is your Clearance Search?
Our basic package includes a Knockout Search only. This is a search of the USPTO database for any mark that could be a conflict. It also includes an analysis of the mark for refusals based on other USPTO rules. If you want a more thorough search that includes unregistered marks and state databases, we offer that too for an additional fee. The more thorough search will tell you not only whether the mark is available for registration, but also whether you are at risk of being sued for trademark infringement.
What is involved in the USPTO review process?
The USPTO process varies depending on the type of application you submit and whether any complications arise. Most of the time, it’s pretty simple. The process begins when an examining attorney is assigned to review your application. If they have any issues with it, they will notify us and allow us to respond. Once any issues are resolved, notice of your application will be published in the official USPTO gazette for thirty days to give the public an opportunity to formally oppose your application. Oppositions are rare, however. After the thirty-day notice period is over, the USPTO will issue you a certificate of registration.
How long does my registration last?
Unlike patents or copyrights, your federal trademark rights do not expire so long as you continue to use the trademark in connection with the sale of your goods or services and so long as you submit periodic renewal forms to the USPTO. These forms are required to be submitted between the 5th and 6th year after your registration date, and after once every ten years.
What is the worst that can happen if I don’t register my mark with the USPTO?
If someone else has reason to believe that your trademark is confusingly similar to theirs, they can take action against you to make you stop using the trademark. This typically begins with them sending a Cease & Desist Letter demanding that you stop using the mark. Sometimes they demand a payment of money as well. From there, the dispute will either be resolved privately or in court. If you have to stop using the mark, this means you will have to delete all of your online marketing (website, social media etc.), and destroy all of your signage and product packaging at the very least. This is why it makes more sense to invest in a clearance search and registration before adopting a new mark.
How much does it cost?
To learn about fees, please visit our FEES page