A federal trademark registration gives the owner the exclusive right to use the mark throughout the United State against later users of the same or a confusingly similar mark. The application fee for each trademark application per class is $225 to $400 depending on the application method selected. The trademark registration process includes:
- Searching for marks that are the same or are similar;
- Completing and filing a trademark application if no competing marks are in use;
- Reviewing the application by a Trademark Examiner and, if any issues are identified, resolving the issues or submitting arguments to overcome any objections;
- Determination by the Trademark Examiner whether to reject the mark or allow the mark to be printed in the Official Gazette; and Publication.
If no oppositions are filed by a member of the public during the 30-day publication period, the mark will be registered. If the applicant cannot resolve the issues or overcome the Trademark Examiner’s objections, then the mark will not be published without an appeal of the Trademark Examiner’s final refusal to the Trademark Trial and Appeal Board. The trademark registration process can take anywhere from nine months to two years.
Providing the firm with an acceptable specimen is essential to the application process. A specimen is an image or example that shows how you use the mark to advertise or sell goods “in commerce.” An acceptable specimen could be a sign, tag, label, container, display, brochure or a website that either advertises your goods or services or through which you can purchase or order goods. indicates how to purchase the goods or services. A logo on a t-shirt or hat is not an acceptable specimen because it does not indicate how to purchase the goods. Providing at least high-quality images of three (3) different acceptable specimens that accurately depict the word, phrase or image you want to register along with this form will facilitate the registration process.