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Trademarks

We can file US trademarks for you anywhere in the US. Let us discuss your trademark needs with you in a free consultation. The fees for common trademark services are shown below. All legal fees are shown in U.S. dollars. We have filed and prosecuted hundreds of trademark applications for clients, including our own shown in the trademark certificate HERE. Other examples of issued marks for our clients are HERE.

 Trademarks take many different forms. Many, including the well-known samples below, consist of stylized graphics or logos, but others consist of only words or a brand name.

                                     

Trademarks become well-known throughout their use, such as those of these large companies. We can help you trademark your brand names and stylized logos as well.

A trademark (or trade mark in Canada) is a distinctive indicator used by an individual, services provider, government, or other organization or legal entity to identify their products, services, or presence to consumers in commerce, and to distinguish its products or services from those of other entities.

A trademark is designated by the following symbols:

  • Image result for tm symbolfor makrs not registered before the USPTO used to market products in commerce, including common law trademark holders
  •   Image result for sm symbolfor an unregistered service mark, that is, a mark used to promote or brand services
  •    Image result for trademark symbol for a registered trademark or service mark

* A word mark is type of trademark that protects a distinctiveness and novelty inherent in a word or phrase itself, such as GOOGLE™ or MICROSOFT™. A wordmark cannot be generic or non-distinctive, such as Mall or Sports unless it has acquired distinctiveness and secondary meaning (like the mark AMAZON®).

* A service mark is associated with a service and usually used in advertising rather than affixed to a product.

* Trade dress is any inherently distinctive appearance of a product or its packaging, so long as it is nonfunctional. It does not need to be registered and may include smells or certain types of sound.

* A composite mark is a hybrid mark that combines elements of a wordmark and a design mark.

* A design mark typically comprises a logo, symbol, design or image and is affixed to products.

Trademarks are a type of intellectual property (IP) and typically a name, word, phrase, logo, design, image, or a combination of these elements. There are also non-convential trademarks comprising marks which do not fall into these standard categories, including smells and sounds.

The owner of a registered trademark may commence a trademark infringement lawsuit to prevent unauthorized use of that trademark. The owner of a common law trademark may also file suit, but an unregistered mark (or common law mark) may be protectable only within the geographical area within which it has been used or in geographical areas into which it may be reasonably expected to expand.

The term trademark is also used informally to refer to any distinguishing attribute by which an individual is readily identified, such as the well known characteristics of celebrities. When a trademark is used in relation to services rather than products, it may sometimes be called a service mark, particularly in the United States of America.

A copyright gives the creator of an original work of authorship the exclusive rights to reproduce the work and to be credited for creating it so long as it exists in a tangible medium, such as on paper, film, or disk. We can file a copyright registration for you with the U.S. Copyright Office.  A trademark is brand identifier which identifies, or is used, in connection with a commerial offering of a product or service.

 

We may be able to help you with various forms of litigation, including Internet domain name disputes, patent infringement defense and prosecution, and various types of trademark litigation. Please see our litigation subpage for more information.

 

Copyrights

A copyright gives the creator of an original work of authorship the exclusive rights to reproduce the work and to be credited for creating it so long as it exists in a tangible medium, such as on paper, film, or disk. We can file a copyright registration for you with the U.S. Copyright Office. 

Itemized Trademark Related Legal Services:

USPTO Clearance Search:
Free
Trademark Application Preparation:
$385
USPTO Filing Fee (single class):
$225
Office Action Response:
$190
Trademark Opposition (Commencement):
$1,600
State Trademark Preparation and Filing:
$250
Copyrights:
$250

 

Visa

As of January 2017, there are over 400,000 trademarks pending with the U.S. Patent and Trademark Office (USPTO).  The number of patent and trademarks filings with the USPTO is steadily rising every year.

Registering a trademark may be the only way to seize a domain name someone else has registered that reflects your trademark.

The beehive state is one of the few states which offer state trademarks and which allow anyone, within Utah or without, to acquire a registered trademark within 24 to 48 hours that can be used to file state trademark infringement claims against other parties within Utah.

Disclaimer

Nothing on this web site is legal advice and nothing creates an attorney-client relationship. This website is no substitute for the legal counsel of a lawyer or registered patent attorney. Links to other web sites are provided for your convenience and educational purposes. Material presented on this web site is presented on an “as is” basis and may not be accurate. Any representation to the contrary is expressly disclaimed. Use this website is at your risk. We are not liable for any damages caused by use of USPatentLaw.us.  Any fees shown on this website are subject to change at anytime without notice, and do not include filing fees, issue fees, or maintanence fees with the U.S. Patent & Trademark Office, federal courts, PTAB, the National Arbitration Forum, World Intellectual Property Organization, or any other tribunal or authority. The shown legal fees do not include subsequent prosecution fees. Many trademark applications require that one or more office action responses be filed within a few months of filing the application, for which practitioners charge extra as/if the responses become necessary.