TRADEMARK COSTS
A trademark can be one of the most inexpensive ways to protect your intellectual property.
Trademarks
Understanding Trademark Costs
Are you thinking about protecting your business with a trademark? Wondering about the costs involved and how a trademark attorney can help you save money? Look no further! At the Law Offices of Konrad Sherinian LLC, we’re here to provide you with valuable insights and affordable trademark services. Let’s dive into the world of trademarks and discover how you can protect your brand without breaking the bank.
You might be wondering, “How much will it cost me to hire a trademark attorney?” Well, fear not! We offer fixed fee services for Federal trademarks. That means you’ll know the exact cost upfront, without any surprises.
The Value of a Trademark Attorney
A trademark attorney can be your best ally when it comes to protecting your brand. Their expertise can save you time, effort, and most importantly, money. Let’s explore the benefits of having a trademark attorney by your side.
Benefits of Hiring a Trademark Attorney
Here are the key benefits you will enjoy if you hire a trademark attorney for your trademarks.
Conducting a Preliminary Knockout Search
We can commission a thorough search to ensure the availability of your mark. By minimizing conflicts with existing trademarks, we’ll help you start off on the right foot.
Written Opinion on Likelihood of Obtaining a Mark
Our attorneys will provide you with a written opinion on the likelihood of successfully obtaining your desired trademark. This valuable insight will guide your decision-making process.
Expert Advice on Alternative Terms
If any issues arise with your chosen trademark, we’ll provide expert advice on alternative terms. We’ll help you navigate challenges effectively, ensuring you can protect your brand.
Guidance on Filing Options
We’ll guide you in selecting the most appropriate filing option under the Trademark Act. Making the right choice is crucial, and we’re here to ensure your filing strategy is solid
Choose our services for:
- Preliminary search to ensure mark availability and minimize conflicts.
- Written opinion on obtaining a mark, providing valuable insights.
- Expert advice on alternative terms, navigating challenges effectively.
- Guidance on appropriate trademark filing under Trademark Act.
- Assistance in classifying and describing goods/services accurately.
- Efficient preparation and filing of trademark application.
- Skillful prosecution to achieve allowance and minimize rejection.
- Evaluation of mark distinctiveness:
- Fanciful, arbitrary, suggestive, descriptive, generic.
A fanciful mark is considered more distinctive (and therefore stronger) than an arbitrary or suggestive mark. On the other hand, a suggestive mark is considerably stronger than a descriptive mark, as it is still considered to be “inherently distinctive.” The different types of mark distinctiveness are set forth below:
Trademark distinctiveness can be evaluated in various ways, including:
Fanciful
A fanciful mark is a completely made up word, image or design. For example, Pepsi, Kodak, and Xerox are examples of made up words without meaning prior to their adoption as a trademark. A fanciful mark will not be found in any dictionary prior to its use as a mark. Fanciful marks are considered to be the most distinctive trademarks, and are therefore afforded the greatest protection.
Arbitrary
An arbitrary mark is an ordinary term, image or design that is used in a meaningless context. Apple is commonly used as an example of an arbitrary mark, in that Apple, while an ordinary word, has no relation at all to computers, software, music players, telephones, and the other equipment that Apple sells. On the other hand, if Apple decided to start selling apple sauce, the mark would likely be deemed generic. Arbitrary marks are also afforded very strong trademark protection.
Suggestive
A suggestive mark indicates the nature of a product or service it is associated with, or a quality or characteristic of the product or service it is associated with. For a mark to be suggestive, rather than descriptive, case law requires that the goods and services are only connected with the mark through an “imaginative leap.” For example, Scotch tape, 7-11, and Amtrak are considered examples of suggestive marks. Suggestive marks are afforded strong protection, as they are considered “inherently distinctive.”
Descriptive
A descriptive mark directly describes the nature of the product or service it is associated with, or a quality or characteristic of the product or service it is associated with, with no imaginative leap required. For example, World Book is considered a descriptive mark as it directly describes the product (encyclopedias) it is associated with. SnapChat is another example, since it is an application that connects users to live chat using their video image.
Descriptive marks are not afforded trademark protection until they have acquired distinctiveness by their use in commerce. The Trademark Office will allow registration of descriptive marks immediately on the Secondary Register, but will not allow their registration on the Primary Register until acquired distinctiveness is proven or a period of five years of continuous, exclusive use has elapsed, when acquired distinctiveness is presumed by the Trademark Office.
In addition, descriptive marks are afforded the weakest protection of all mark classifications. Nonetheless, descriptive marks can be extremely powerful because they can be used, for example, to tie up important search terms.
Generic
A generic term is one that describes the product or service with which it is associated as a category or type. As such, a generic term cannot distinguish between competing versions of the product or service, and is said to lack distinctiveness. Some examples of generic terms are “All Natural” and “Garlic Oil” because they describe the product or service with which they are associated. It is possible for a once distinctive term to become generic due to use by the public to describe all versions of a product or service, and not just those offered by the mark user.
Assistance in Classification and Description
Our attorneys will assist you in determining the correct classifications for your mark. We’ll also help you develop accurate goods and service descriptions, ensuring compliance and precision.
Efficient Preparation and Filing
Leave the paperwork to us! We’ll handle the preparation and filing of your trademark application, ensuring all necessary documents are properly submitted. Sit back and relax while we take care of the details.
Skillful Prosecution of Your Application
Our attorneys are skilled in navigating the trademark application process. Our goal is to achieve allowance and minimize the risk of rejection, giving your brand the best chance of successful registration.
Our Fixed Fee Trademark Filing Services
At the Law Offices of Konrad Sherinian LLC, we offer flat fee trademark filing services. Say goodbye to hidden costs or unexpected fees. Our comprehensive package covers everything you need to protect your valuable brand.
How We Can Help You Save Money
Trademark registration can be a complex journey, but with our expertise, you’ll save money in more ways than one as mentioned here.
Avoiding Costly Trademark Infringement Lawsuits
By securing your trademark, you minimize the risk of legal battles. The average cost of a trademark infringement lawsuit can be significant. Protect your brand proactively and save yourself from unnecessary expenses. It is always better to find and hire a low cost trademark attorney for your trademark infringement lawsuits.
Streamlining the Application Process
We’ll guide you through the application process efficiently, avoiding delays and rejections. A well-prepared application saves you time and reduces the risk of additional fees.
Enhancing the Value of Your Trademark
Our guidance helps you develop a strong and distinctive trademark. A powerful brand is more attractive to customers and investors, adding value to your business.
Demystifying Trade Mark Application Fees
Let’s talk about the fees associated with filing a trademark application. It’s essential to understand these costs to make informed decisions about protecting your brand. Here are the key fees to consider while you are planning to apply for your trademark registration. For a complete fee table and detailed information about the fees associated with your trademark application, please visit our Trademark Cost, Fee & Price page.
- Filing fees
- USPTO filing fees
- Examination fees
- Maintenance fees
Navigating the USPTO Filing Fee Structure
The USPTO has a fee structure based on different factors, such as the type of mark and the number of classes you select. Consult with our trademark attorneys to devise a cost-effective filing strategy for your business.
The Role of an Examining Attorney
Once you’ve submitted your trademark application, an examining attorney at the USPTO will review your trademark application. They play a crucial role in ensuring the integrity of the trademark registration process. Rest assured, our attorneys are well-versed in working with examining attorneys to maximize your chances of successful registration so you can feel secure for your trademarks. It is the time to cheer being a trademark owner.
Conclusion
Congratulations on taking the first step towards protecting your brand! By understanding the costs involved and the value of a trademark attorney, you’re making informed choices for your business. At the Law Offices of Konrad Sherinian LLC, we’re here to make the trademark registration process smooth, affordable, and tailored to your needs. Get in touch with us today by phone at 630-318-2606 and let’s work to protect your brand together.
Let's Talk About Your Trademark
Phone Consultation
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In-Person Consultation
Prefer a face-to-face and a handshake? We have offices in Chicago or Naperville, Illinois.
If you have questions about the selection, registration, protection, or enforcement of your mark, talk to us. We offer experienced advice on the availability, registration, use, and enforcement of trademarks.
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Trademark FAQs
Here’s a list of the most frequently asked questions about trademarks. Open each to see our pages dedicated to that topic.
trademark?
A trademark is a distinctive sign, logo, or other symbol that identifies a business, its products, or its services.
How do I trademark a name or logo?
You can trademark a name or logo by applying to a trademark office, conducting a thorough search, and filing an application.
What is the USPTO?
The US Patent and Trademark Office (USPTO) is the federal agency responsible for granting patents and registering trademarks.
Why is a trademark search necessary?
A trademark search ensures your intended trademark is not already in use, thereby preventing potential legal conflicts.
What challenges might I face during a trademark search?
You may need help identifying similar sounding, appearing, or meaning trademarks. Hiring a trademark professional can help navigate these challenges.
What Kinds of Things Can I Trademark?
You can trademark more than your company’s logo. A trademark attorney in Chicago, IL can help you decide what items you can and should register as a trademark. For example, your lawyer may advise you to trademark a slogan or catchphrase.
See our page on trademarks for a more detailed answer.
Do I need trademark or copyright protection?
It might be difficult to understand whether or not you need to register a trademark or a copyright. Both are a type of intellectual property and can protect the rights to your creation or idea.
A copyright is a type of protection for an author’s “original works of authorship”. This could include music, art, screenplays, literary works, and so forth. Copyright does not protect intellectual property such as a slogan, name, title, or short phrase – those are definitely best protected by a trademark.
In some cases, such as a symbol, design, lettering, coloring, or typography, both a copyright and a trademark can provide protection.
A trademark offers the protection of a word, phrase, symbol, design or a combination of these.
It is possible that a logo be protected by copyright and trademark, but this will be dependent upon the amount of originality within the logo. In general the more ornate a logo is, and the more creativity it has, the better chance that it could be protected by both types of intellectual property.
If you have written a novel and are getting ready to publish it, you will likely want to pursue a copyright registration.
Do I need a trademark or patent?
There are many misconceptions concerning patents and a company’s trademark. Simply put, a patent is there to protect a new invention, while a trademark protects the specific branding that goes into promoting that new invention. For example, a patent could be for a specific type of sneaker, and the trademark is how that company markets it.
How much does it cost to hire a trademark attorney?
We offer personalized fixed fee services for Federal trademarks. Reach out to us for a quote based on your specific requirements and to know the average cost for trademark attorney.
What is the average cost of a trademark infringement lawsuit?
Trademark infringement lawsuits can be costly, varying depending on the complexity of the case. Proactively securing your trademark helps minimize the risk of such lawsuits.
How much does it cost to trademark something?
The cost of trademark registration depends on various factors. Contact our law firm for a comprehensive breakdown of the fees involved and trademark price.
What are the filing fees for a trademark application?
Filing fees for a trademark application include USPTO fees for filing your trademarks, examination fees associated with your examining attorney, and maintenance fees. We'll guide you through the fee structure and help you understand the costs.
Why should I hire a trademark attorney?
A trademark attorney ensures that your brand is legally protected and maximizes its value. They save you time, effort, and potential legal costs in the long run.
Experienced Trademark Attorneys
With decades of experience in trademark law, we have helped scores of companies protect their brands. Our team of skilled trademark lawyers and paralegals regularly prepare and prosecute state and federal trademark applications. Throughout the years, we have built an impressive network of other legal professionals outside the state and country, who are able to assist us in international trademark matters. It’s hard to find the experience Sherinian Law brings to the table.
