Book Your Free Consultation: Schedule a call with Jared, the trademark attorney who will personally handle your registration if you decide to move forward.
Discuss Your Trademark Needs: In your consultation, share your goals, ask any questions, and get a clear understanding of how JSTMS can assist you.
Engage JSTMS: Ready to proceed? Simply sign the engagement letter and submit the legal fee to officially begin the trademark registration process.
Pre-Search Trademark Registrability Review: Jared will conduct an initial legal assessment to determine whether your trademark is likely to face objections based on its inherent characteristics. This review focuses on issues such as descriptiveness, distinctiveness, and functionality, rather than conflicts with existing trademarks.
Comprehensive Trademark Search: To identify any existing trademark rights that could pose a conflict, a thorough search of existing trademark rights will be conducted. This includes: (A) a manual search of the USPTO database; and (B) a search using leading third-party software to review (i) federally registered trademarks (USPTO); (ii) state-level trademark registrations; and (iii) common law trademark rights (unregistered but legally enforceable marks).
Legal Analysis and Due Diligence Report with Opinion: After completing the searches, Jared will analyze the findings and assess both potential conflicts with existing trademarks and any inherent issues that could affect registration. Jared will provide a detailed due diligence report summarizing the key findings and his legal opinion on the likelihood of registration success.
Strategy Meeting: If necessary or desired, meet with Jared to review the due diligence report and determine the best approach for your trademark registration. He will walk you through the findings, highlight any potential risks, and provide strategic recommendations tailored to your situation. This is your opportunity to ask questions, explore alternative options if necessary, and gain a clear understanding of the next steps before moving forward.
Application Drafting: Based on the agreed strategy, Jared will carefully draft your USPTO trademark application to ensure accuracy and compliance with legal requirements. Once the draft is ready, he will send it to you for review.
Application Review and Approval: You'll have the opportunity to review the application, ask any final questions, and request any necessary adjustments before giving your approval.
Application Filing: Once approved, Jared will officially submit your trademark application to the USPTO, marking the start of the registration process.
Ongoing Application Monitoring: After filing, Jared will track your application’s progress and keep you updated on any developments from the USPTO.
Handling Non-Substantive Office Actions: If the USPTO issues a minor procedural Office action, such as a request for clarification or a simple amendment, Jared will prepare and submit the necessary response at no additional cost.
Discussing Substantive Office Actions: If your application faces a substantive refusal, such as a likelihood of confusion or descriptiveness objection, Jared will review the refusal, provide a detailed analysis, and outline your options. He will discuss potential next steps with you, ensuring you have the information needed to make an informed decision on how to proceed.
Tracking USPTO Deadlines: Jared will monitor the USPTO’s deadlines and notify you when action is required.
Submitting Verification of Use: Once you begin using your trademark, Jared will guide you in gathering acceptable specimens, such as product labels, website screenshots, or marketing materials, to submit as proof of use. Depending on the timing, this will involve filing either a Statement of Use or an Amendment to Allege Use.
Assistance with Related Filings: Your package includes up to two hours of assistance with issues related to the verification of use, such as requesting extensions, dividing the application, or addressing other procedural matters.
Receive Your Registration Certificate: If your application is approved, the USPTO will issue your trademark registration electronically. If you prefer a paper copy, Jared can assist you in ordering one directly from the USPTO.
Closing Meeting & Future Planning: Trademark registration is a significant milestone, but protecting your rights is an ongoing process. Jared will meet with you to address any final questions and provide guidance on important next steps, such as post-registration maintenance requirements, enforcement strategies, and potential expansions of your trademark protection.
Application Fee: The application fee is $350 per class (as of January 2025). When you apply for a trademark, you apply for it in respect to specified goods and services. Each good and service is categorized into one of 45 classes. To determine your total application fee, you will need to know which class each of the goods and services you want the trademark to apply to falls under. Jared will discuss this with you, but you can do preliminary research on your own by searching the USPTO Trademark ID Manual.
If you already have rights in another jurisdiction and are choosing to file an international application via the Madrid System, the filing fee is $600 per class (as of February 2025).
Statement of Use Fee (intent-to-use applications only): When you file an intent-to-use application, you will eventually need to declare use of the trademark on the relevant goods and services in commerce prior to registration. The USPTO charges a $150 fee (as of January 2025) for this filing.
Extension of Time to Declare Use (intent-to-use applications only): When you file an intent-to-use application, the USPTO can approve the registration pending the declaration of use. From the time of this approval (via a document called the Notice of Allowance), you will have six months to file a Statement of Use. If you need more time, you can request an extension of time asking for an additional six months. This process can be repeated 5 times, providing you a maximum of 3 years following the issue of the Notice of Allowance to demonstrate use in commerce. The fee for each time extension request is $125 (as of January 2025).
Other Fees: You can find a complete up-to-date list of possible fees at the USPTO Fee Schedule Page, but the other fees will in most cases be irrelevant to your application. Jared can help you understand if any other fees are likely to apply one you have completed the intake form.
Between the 5th and 6th Year after Registration: If you want to maintain your trademark, you will need to file a Declaration of Use and/or Excusable Non-Use. This filing fee is $325 per class (as of January 2025).
Between the 9th and 10th Year after Registration: If you want to maintain your trademark, you will need to file both a Declaration of Use and/or Excusable Non-Use as well as an Application for Renewal. The combined filing fees total $575 per class (as of January 2025).
Every 10 Years Afterwards (Between the 19th and 20th Year, 29th and 20th Year, etc.): If you want to maintain your trademark, you will need to file both a Declaration of Use and/or Excusable Non-Use as well as an Application for Renewal. The combined filing fees total $575 per class (as of January 2025).
You can find a complete up-to-date list of possible post-registration fees at the USPTO Fee Schedule Page.
In most cases, due diligence will be complete, strategy will be set, and the application will be drafted and ready to file within 10-14 days of engagement. Once the application is filed, it enters a queue before being examined by a USPTO attorney. As of February 2025, this queue is approximately 6-7 months. The time between this point and registration varies based on a number of factors. You can get a rough estimate of the possible timelines by reviewing the timelines posted on the USPTO website here: (use-in-commerce timeline, intent-to-use timeline).
For intent-to-use applications, the process will not be complete until you have actually begun using the trademark in commerce with respect to the goods and services listed in the application. and declared this use to the USPTO The extent of this delay is largely within your control. There is a deadline to show use of 6 months following the issuance of the Notice of Allowance, but this deadline can be extended up to 5 times for a total period of 3 years.
As of February 2025, the average total time between filing and the trademark either being registered or the application abandoned is 12-13 months. You can find up-to-date data on processing wait times at the USPTO website here.
If you are already using your trademark in commerce, the use-in-commerce package is the right choice. If you haven’t started using the trademark but have a bona fide intent to, you’ll need the Intent-to-use package.
Unfortunately, JSTMS cannot guarantee USPTO registration. Some of the most common reasons for refusing trademarks involve uncertainty, both in the form of fuzzy legal boundaries and a degree of subjectivity in the USPTO attorney examination.
By doing thorough due diligence and analysis to identify potential issues prior to filing, we can attempt to avoid or at least prepare to address anticipated issues that may be raised by the Examining Attorney.
If the person or entity applying for the trademark is domiciled in the United States, then an attorney is not mandatory. If domiciled outside the United States, you are required to work with an attorney licensed in the US to file your trademark. Jared is licensed in California and can assist applicants domiciled anywhere in the world.
The comprehensive search includes a manual review of the USPTO database combined with a search using industry-leading third-party software to identify potential conflicts with registered federal and state trademarks and unregistered (common law) marks. This dual approach ensures a thorough assessment of risks before filing.
Yes! Reach out for a free consultation to discuss your trademark needs.
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