Services & Costs
Trademark Creation and Selection
There are many things to consider when choosing a trademark. How strong is the mark? Is it legally available? Is the mark easy to pronounce and spell? Does the mark have any negative meanings in foreign languages? Will the mark grab consumers’ attention and will they remember it?
We help individuals and business coin and select trademarks. We also help assess the legal strength of selected marks. If you would like to assistance in creating or selecting a trademark, please call us to discuss your needs and obtain a quote.
Trademark Searches
Conducting a trademark search before adopting or using a mark is invaluable. Among other things, a search will tell you whether someone else has already adopted an identical mark or a highly similar one and whether any prior trademark registrations or pending applications are likely to prevent you from registering your trademark with the U.S. Patent and Trademark Office.
The Trademark Sentinel service offers two types of searches:
A Comprehensive Search for $895
This search provides information necessary to determine whether your mark is available in the United States. The search
is performed using a wide variety of databases including: the U.S. Patent and Trademark Office’s records, Secretary of
State trademark registers, business name databases, common law resources, web searches, and domain names.
A Federal Knockout Search for $595
This search is performed using only the U.S. Patent and Trademark Office’s records. The search provides information
necessary to determine whether there is a prior trademark registration or pending application that might be cited against
an application to register your mark.
We use only highly reputable search firms that perform comprehensive searches, such as Thomson CompuMark or CT Corsearch. In addition, both searches are analytical searches, meaning that the searches reveal not just exact matches, but marks that look or sound alike or that have a similar meaning, such as alternative spellings, homonyms, anagrams, marks with similar component terms, synonyms, etc.
Need help deciding which search to choose? The safe bet is to choose a comprehensive search. Since trademark rights are acquired by using a mark, a third party may have prior trademark rights in a mark that is identical or similar to your mark–even if that third party does not have a federal trademark registration or application. Based on those rights, the third party could oppose your trademark application or file a lawsuit for trademark infringement. A comprehensive search examines multiple databases to determine if any third party has trademark rights that may be problematic, even if that third party has not filed a trademark application or registered its mark. On the other hand, some individuals or businesses feel comfortable proceeding, based upon prior use of the mark or cost considerations, after only a federal knockout search, fully aware of the possibility that a third party may have prior trademark rights acquired through use alone and fully aware of the associated risks.
Trademark Registration
Registering your trademark offers significant benefits. These benefits include nationwide rights; a legal presumption that you own the mark; constructive notice to third parties of your rights; additional remedies in a lawsuit; and the ability to use the ® symbol.
The Trademark Sentinel service offers two types of trademark registration packages:
A Basic Filing Package for $149
We work with you to prepare the trademark application, file the application, and notify you of all correspondence from the U.S. Patent and Trademark Office.
A Complete Filing Package for $750
In addition to preparing the trademark application, filing the application, and notifying you of all correspondence from the U.S.
Patent and Trademark Office, we will respond to all rejections issued by the U.S. Patent and Trademark Office (known as
“office actions”) up to the point of appeal
Need help deciding which search to choose? The Complete Filing Package provides more value for your money. Most trademark applications will receive one or more office actions containing rejections of the application. These may be minor rejections relating to problems such as the wording of the goods or services or more substantive rejections such as refusals based upon prior trademark registrations or applications or the descriptiveness of your mark. With the Complete Filing Package, we will respond on your behalf to all such rejections. However, if you choose the Basic Filing Package and receive an office action, you will need to contact us for a quote to respond to the office action. Such quotes will be based on our standard hourly rates and the estimated time to prepare a response.
Trademark Registration Maintenance
After a trademark registers, it must be maintained by filing various documents with the U.S. Patent and Trademark Office. For example, a Section 8 Declaration must be filed between the 5th and 6th year after your registration issued. If the filings are not made, the trademark registration will expire. Moreover, the U.S. Patent and Trademark Office will not remind you that you need to file these documents.
We maintain trademark registrations for individuals and businesses. If you have a registered trademark that you would like us to maintain, please call us to discuss your needs and to obtain a quote.
Trademark Watches
Trademark watches are indispensable tools for protecting your trademark rights. A watch notifies you of third parties making unauthorized use of a mark that is identical or similar to your trademark. Once aware of such unauthorized use, you can evaluate whether to maintain the strength of your mark by, among other things, sending a cease and desist letter, entering into a licensing arrangement, or filing a trademark infringement lawsuit.
The Trademark Sentinel service offers two types of watches:
A Comprehensive Watch for $1,495 per year
This watch is performed by monitoring a wide variety of databases including: the U.S. Patent and Trademark Office’s records,
Secretary of State trademark registers, business name databases, common law resources, web searches, and domain names.
A Federal Trademark Watch for $895 per year
This watch is performed by monitoring only applications to register trademarks with the U.S. Patent and Trademark Office.
We use only highly reputable search firms that perform comprehensive searches, such as Thomson CompuMark or CT Corsearch. In addition, both searches are analytical watches, meaning that the watches reveal not just exact matches, but marks that look or sound alike or that have a similar meaning, such as alternative spellings, homonyms, anagrams, marks with similar component terms, synonyms, etc.
Trademark Use
A trademark owner must take steps to ensure that its mark is being used properly. For example, the ® symbol should be used to let third parties know that the mark is registered; the mark should be used as an adjective and set off from surrounding text; and brand guidelines should be developed to ensure that persons authorized to use the mark (such as company personnel and licensees) are using it properly. If you would like to retain us to advise you on properly using and protecting your trademark, please call us to discuss your needs and to obtain a quote.
Trademark Oppositions and Cancellations
we represent individuals and businesses in opposition and cancellation proceedings before the United States Patent and Trademark Office’s Trademark Trial and Appeal Board. If you are interested in retaining us to represent you in an opposition or cancellation proceeding, please call us to discuss your needs and to obtain a quote.
Trademark Cease and Desist and Litigation Services
Often, a trademark owner needs to send or respond to a cease and desist letter. The negotiation that ensues after a cease and desist letter is sent or received typically determines whether the parties will be able to expediently settle the matter or need to resort to trademark litigation. We represent individuals and businesses in cease and desist matters and in trademark infringement lawsuits. If you are interested in retaining us to represent you in connection with a cease and desist matter or a trademark infringement lawsuit, please call us to discuss your needs and to obtain a quote.