When clients first explore trademark registration, they often have similar questions. To help newcomers understand the basics, here are answers to three frequently asked questions about trademarks and trademark law.
Question 1: What Is A Trademark?
In its simplest form, a trademark identifies the source of goods and services. Consider the brands you recognize as you go shopping:
- Nike® athletic gear
- Kellogg’s® cereals
- Honda® automobiles
These marks signal to consumers the expected quality and consistency. For instance, a Chicken McNugget® from McDonald’s is the same, whether you’re in Colorado Springs, Atlanta, or Boston.
Question 2: What Is A Federal Trademark Registration?
A federal trademark registration, granted by the U.S. Patent & Trademark Office (USPTO), provides legal recognition of your trademark rights across the United States. It prevents others from using the same or a confusingly similar mark for related goods and services without permission.
U.S. Customs and retailers such as Amazon® or search engines such as Google® and Yahoo® will recognize these rights and work with trademark owners to keep third parties from unauthorized use of their marks.
Federal registration also makes it easier to enforce your rights and shift the legal burden in case of infringement. State-level registration offers less protection and fewer legal advantages.
Question 3: How Much Does Trademark Registration Cost?
Without trying to sound too much like an attorney, well, it depends. Costs vary based on the complexity of your mark and potential objections from the USPTO. The more unique your mark is, the less objection is it likely to encounter and the less expensive your registration process may be.
Costs vary based on the complexity of your mark and potential objections from the USPTO. The USPTO charges a fee per class of goods, with total costs depending on your specific application. Attorney fees typically range from $1,100 to $1,850 per application, with additional costs for any objections or further steps. Overall, budget between $2,300 and $3,500 per mark. Investing in proper registration is generally cheaper than dealing with potential legal battles over an unregistered mark.
Ready For The Next Step?
These are common questions, but you might have more. If you’re ready to register your mark or need further clarification, feel free to reach out. With over 25 years in trademark law, we’re here to guide you through the process.