What is Trademark and Service Mark Registration?
Federal Trademark or Service Mark registration asserts the presence of your use of a trademark or a service mark in all 50 states and territories of the U.S., whether or not you’ve actually sold goods or provided services in each of those states and territories, as long as you have sold goods or provided services across state lines so that federal protection applies.
What are my costs?
The cost of obtaining Trademark or Service Mark registration depends on the type of registration being filed. Typical costs for an in-use Trademark or Service Mark registration with our firm is $825, which includes the U.S. government filing fee of $225, preparing and filing your application, and minor responses, such as complying with disclaimer requirements that might be raised by the Examiner.
What is required?
You must be selling goods or providing services across state lines and using the mark in conjunction with those goods or services in order to obtain Federal Trademark registration. Your use must be continuous in order to maintain your rights under the mark. If you stop using the mark in interstate commerce, your mark may be considered abandoned after a time.
What if I haven't sold anything yet?
The Federal Trademark system provides for an intent-to-use (ITU) application that is valid for six months from the date the trademark or service mark is allowed for registration. Filing of an ITU application does incur additional fees, as an amendment to allege use must be filed within the six months, and carries a government fee, as well as legal fees. The ITU application can be extended for another six months, for a total of twelve months from allowance, by filing the appropriate extension request and a government fee.
Is a slogan on a t-shirt or hat considered a Trademark?
The mark is used to identify the source of goods, in other words your “brand.” While it is arguable that a brand may be on the face of clothing, the USPTO generally expects that the brand be on the “tag” where a consumer expects to see a clothing brand, and not only on the outside of the clothing. Exceptions might be available where the mark is a small logo or brand name on the outside of the clothing, but generally it will make the process simpler when you also place your logo or brand name on the tag.
What if I only operate/sell in one state?
Common law rights are acquired by your use of a mark in a location, but Federal rights under the Trademark Act (Lanham Act) are available only for use in “interstate commerce.” Georgia will accept Trademark registrations that should appear in the search database for the USPTO, preventing someone from obtaining a Federal or Georgia registration for the mark, but that registration is not necessary for you to have common law rights to your Trademark or Service Mark in Georgia.
Disclaimer
The content of this website is provided for information only. Intellectual property law is a fact-intensive area and information obtained by reading the content of, or interaction with, this website is not a substitute for trained legal counseling. No attorney-client relationship should be construed to exist with the firm or the attorney without a written engagement letter or receipt of your payment for legal fees to the firm.