Trademark Highway

FAQ

Frequently Asked Questions

A trademark is a symbol, word, or phrase legally registered or established by use as representing a company or product. It is important because it protects your brand from being used by others and helps build brand recognition and trust with your customers.

To know if your trademark is available, you will need to conduct a comprehensive trademark search to ensure that your desired trademark is not already in use or registered by another entity. Our team can assist you with this process to avoid potential legal issues.

If you do not conduct a comprehensive trademark search before filing your application, you risk infringing on someone else’s trademark and may be sued and liable for damages. Additionally, it increases the chances of your application being rejected by the USPTO for being confusingly similar to an existing trademark that has prior rights over yours.

If you want a trademark search done but do not want to purchase one of the packages for filing an application, please send us an email at info@trademarkhighway.com
or fill out our contact form, and one of our customer service representatives will reach out within 24 hours or sooner.

The steps involved in registering a trademark include conducting a trademark search, preparing and filing the trademark application, examination by the trademark office, publication for opposition, and finally, registration if no opposition is filed.

The timeline for trademark registration can vary but typically takes between 12 to 16 months from the filing date, assuming there are no objections or oppositions.

You need to file separate trademark applications for your business name, logo, and slogan. Each of these elements can be protected individually.

An office action is a refusal or rejection that the USPTO issues in the form of a letter if it thinks there’s an error or problem with your trademark application. A minor office action is issued by the examining attorney at the USPTO when the submitted application contains minor errors, such as typographical errors or improperly formatted documents. A major office action is issued by the examining attorney at the USPTO when the submitted application contains major errors, resulting in registration refusals that will require extensive research and legal arguments to overcome. If the examining attorney at the USPTO determines there is a conflict between your trademark and a trademark that is either registered or pending in the USPTO because the marks are similar in sound, appearance, or meaning, he/she will refuse registration of your mark for likelihood of confusion.

No, it does not. If you filed the application without an attorney, you will be responsible for responding to the office action. If you file with an attorney, the attorney will respond for you, but there will be an additional cost. The cost depends on the complexity of the office action. Some office actions are minor in nature and require a simple clarification to get the application allowed. Minor office action responses cost $199 for the attorney to handle. In the event an office action involves a major rejection, such as where the USPTO thinks your application is confusingly similar to an existing trademark, the cost will be $699 for the attorney to respond.

Yes, you will be notified in the event an office action is issued.

If your application is opposed, it’s crucial to respond promptly. Our legal team can assist you in defending your trademark application and addressing the opposition.

Yes, you can use your trademark before it is officially registered. However, registering your trademark provides legal protection and strengthens your rights to the trademark.

If someone infringes on your trademark, you have the right to take legal action to stop the infringement and seek damages. Our team can guide you through the process of enforcing your trademark rights.

In the United States, a federal trademark can potentially last forever as long as it remains in use and is periodically maintained/renewed. To keep your trademark alive, you must renew it between the 5th and 6th year after registration, again between the 9th and 10th year after registration, and then every decade thereafter.

The government filing fee for a trademark application varies depending on the type of application and the number of classes of goods or services you are registering. As of now, the fee is typically $250 to $350 per class of goods or services.

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