Trademark Law

A trademark helps protect your brand from being sued by others who use similar assets.  is used to identify goods or services. copyright gives an author of an original work exclusive rights to their work. Registration is a procedure for creating a record of your trademark with the U.S. Patent and Trademark Office. It involves selecting the type of mark you want to register, completing and filing an application, and paying required fees. Taylor Legal can help you assess which mark to register, conduct a trademark clearance search to see if someone else has already registered the mark, complete and file the trademark application, and enforce and maintain your trademark rights.

Taylor Legal Trademark Services

Pre-Application Analysis

• Efficient and effective state and federal trademark clearance searches
• A risk analysis based on a comprehensive trademark search using a highly advanced trademark search and clearance platform
• Guidance and strategic analysis on which trademarks to apply for based on use in commerce and financial budget 

Trademark Application Filing

• Collect initial information for filing
• Identify appropriate specimen(s) for filing
• Identify and provide guidance on appropriate international class(es) for registration
• File electronic application with the USPTO
• Respond to Office Actions from the USPTO

Post-Registration Maintenance

• Provide guidance on 5-year maintenance filing(s)
• File 5-year maintenance filing(s) with USPTO
• File 10-year trademark renewal(s) with USPTO

Fees

USPTO Filing Fees

Trademark Applications.  Your filing fees depend on the number of marks you have, the number of classes of goods/services in the application, and the application filing option most appropriate for your mark.  Only one mark may be filed per application.  The initial application fee for electronic filing ranges from $250-$350 per class of goods/services.

Post-registration Maintenance Filings.  To keep your trademark alive, you must show continued use of your mark in commerce and submit maintenance or renewal filings to the USPTO depending on how long it has been since the date of registration of your mark.  These filing fees generally range from $225-$525 per class, but you may be required to pay additional fees under specific circumstances.

Trademark Search Fees

We highly recommend a trademark search be conducted before you submit a trademark application.  Depending on the mark, we will do a trademark search for you at our hourly rate or we will recommend a more comprehensive search be conducted through an industry leading search platform that starts at $876 per mark.

Taylor Legal Fees

Our fees start at $375 per mark.  Fees are accrued at a flat rate or an hourly basis depending on your specific trademark needs and where you are in the trademark process.  However, we provide you with an estimate of our fees and estimated timeline for the scope of work after an initial consultation.

FAQ

Why should you choose Taylor Legal to register and maintain your trademark?

While registering your trademark is not mandatory, it provides multiple benefits including legal protection for your brand.  We provide full trademark services from the inception of the mark to the post-registration maintenance requirements once the mark has registered.  In fact, the only individuals permitted to file with the USPTO are the trademark owner and a U.S. licensed attorney.  At first glance, the trademark filings may seem simple.  However, there are many reasons you should let us do the work for you. 

• Prior to filing an application, a thorough state, federal, and common law trademark search is highly recommended to avoid rejection of your registration application by the USPTO, potential trademark infringement, or potential future cancellation of your registration.  We provide an in-depth risk analysis to new and established business owners that provides guidance on the probability of successfully registering a trademark with the USPTO based on potential conflicts found through a comprehensive trademark search.  This helps determine which marks are most likely to be accepted for registration and gives trademark owners the opportunity to edit or change the mark prior to submitting a trademark application.  Our trained attorneys guide you through the risk analysis and choosing the right mark to represent you and your brand.  Depending on the strength of the mark, we can provide a risk analysis based on a comprehensive search conducted by our experienced attorneys or by an industry leading trademark search platform.
• The USPTO filing portal is somewhat archaic and can be difficult to navigate.  We are experienced and efficient in filing applications, responses, and maintenance filings despite the portal's format and features.
• There are specific requirements that must be followed for your specimen to avoid rejection of your trademark application.  Failure to provide an appropriate specimen may result in an office action or rejection of your trademark application.  We know what the USPTO is looking for and can assist you in obtaining the appropriate specimen to fulfill the requirements.
• The trademark application requires you to choose the appropriate international class for your mark.  We work with you to determine under which international class your mark belongs based on how you use the mark in commerce.
• You may receive an Office Action from the USPTO that requires legal analysis in your response.  We are experienced in drafting these responses and communicating with USPTO trademark examiners.
• Amending or changing incorrect information on a filing may be a hassle that can be avoided by prior knowledge of the USPTO filing requirements.  We prepare your trademark filings by gathering and confirming information before we submit filings to avoid unnecessary mistakes.
• Post-registration maintenance filings are required to keep your trademark alive.  We can maintain your trademark portfolio for as long as you desire by reviewing the use of your marks and submitting the maintenance and renewal filings on time so you avoid late fees or cancellation of your marks.

What is a trademark?

A trademark is used to identify the source of goods or services.  It distinguishes one brand from another and often informs consumers about the quality of the product being purchased or the service being provided.  The most common trademarks are words, slogans, and symbols.  However, did you know trademarks can also be colors, sounds, and scents?  We help guide business owners in choosing the best marks to represent their brand.

Do I have to register my trademark?

There is no requirement to register your trademark with the United States Patent and Trademark Office (“USPTO”) to obtain protection of your brand.  Limited trademark rights are established by simply using your trademark in commerce.  This is what is referred to as “common law” trademark rights.  However, common law rights are limited, for example, to the geographic area where you provide your goods or services.  Registering your trademark with the USPTO will expand this area of protection to the entire United States and its territories.  In addition, trademarks provide a distinction between different brands and often eliminate consumer confusion.  Trademark registration provides you with legal protection from others who provide similar goods or services using confusingly similar marks, and allows you to prevent others from using similar marks in connection with goods or services of the same nature.  

Where do I register my trademark?

Trademark owners may apply for state or federal protection for their marks, depending on where the mark is being used and the depth of protection the trademark owner desires.  Trademarks filed with the state of Maryland provide local protection, while marks that are federally registered with the USPTO provide broader nationwide protection.  

How long does trademark protection last?  Are there requirements once my mark registers?

Trademark protection can last forever, as long as you continue to use your mark in commerce and adhere to the proper maintenance requirements.  Once your trademark is registered, you must maintain and renew your mark at specific intervals to avoid cancellation of your registration.  Since these initial required filings are due 5 and 10 years after your trademark registers, they are easy to miss.  We make sure you stay informed of those important deadlines and we provide assistance with filings to ensure ongoing protection.

Beware of Scams.

There are many businesses and filing firms that advertise low-cost filing fees with promises of expedited registration timelines.  Many are not affiliated with licensed U.S. attorneys.  These are red flags, and such companies should be avoided.  While filing fees vary depending on the firm, the government filing fees are a set rate available for your reference on the USPTO website.  Current processing timelines for trademark applications and post-registration filings are also published on the USPTO website.  Filing firms claiming to expedite the examination of your trademark application are false.  The USPTO does not work with or expedite services for any private filing firms.  We are licensed U.S. attorneys with training in trademark law and experience with filing trademark applications, responses, and post-registration maintenance filings with the USPTO.

You run the business. You rely on us to help you protect it.