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Frequently Asked Questions: Trademark Filing
How long does it take to process my order?
We require 7 business days to process all orders. If you require rush services please email or call our support department for rush pricing and availability (800) 294-0285 [email protected]
What does a trademark protect?
A trademark protects words, names, slogans and logos to ensure the exclusive rights (on similar goods or services that would cause confusion) of usage to the owner of the mark.
When can I use the ® or ™ symbols?
You may use the ™ symbol next to your trademark right away. You may use the ® next to your trademark only after your trademark has gone through the entire trademark registration process (approx. 8 - 14 months) a Statement of Use is filed (for marks not currently in use) and a Registration Certificate is issued.
Are there any additional hidden fees to get my trademark filed?
No. The fees listed on our web site are the total costs (our service fee + government fee) required to get your trademark filed.
Is there anything else I have to do to get my trademark filed?
Yes. Once we have completed all necessary steps (review, format, transmit and submit to the U.S. Patent & Trademark Office) we will email you the application for you to review, if everything looks good you must sign the application.
Why is there a government fee of $275?
The USPTO (United States Patent & Trademark Office charges a fee per class, in most situations only one (1) class is required, however, additional classes may be purchased at your request.
Is US citizenship required to obtain a trademark?
No. An applicant’s citizenship must be included in the record, but it need not be US citizenship. If an applicant/corporation is not the citizen of any country, then a statement to that effect is sufficient. If an applicant has dual citizenship, then applicant must choose which citizenship will be printed in the Official Certificate of Registration.
Is Federal Registration Valid Outside of the US?
No. However certain countries do recognize a U.S. Registration as a basis for registering the mark in that country. Many countries maintain a register of trademarks. Each country’s laws about registration should be consulted.
How long is the trademark registration process?
The average trademark registration examination process takes 8 - 12 months, however, it can possibly take anywhere from 1 year to several years for the process to be completed. This depends on the basis for filing and any issues that arise in the examination process.
How long does trademark registration last?
US trademarks can last forever as long as the trademark is being used in commerce and defended against infringement. However, for a trademark registration to remain valid, a Statement of Use must be filed: (1) between the fifth and sixth year following registration and (2) within the year before the end of every ten-year period after the date of registration.
What is a trademark search?
The USPTO (United States Patent & Trademark Office) will not register a trademark that is similar to a mark that is already registered. This means that conducting a trademark name search is essential prior to filing and is recommended by most legal representatives. We offer a free do-it-yourself trademark search or you can hire us to conduct trademark research for you by ordering our Advanced Trademark Search.
Can trademarks be transferred or sold?
Yes. A registered mark can be transferred or sold. There is a fee from the United States Patent and Trademark Office (USPTO).