Trademark Basics

What Trademarks are registrable in India?

Thank you for choosing Kurtz Law Firm to help with your Trademark needs. The attorney handling your specific trademark will keep you up to date with the status of your mark as it goes through the registration process with the United States Patent and Trademark Office (“USPTO”). Some basic trademark information about trademarks and the process are listed below for your reference. If you have any additional questions, comments or concerns please contact us directly.

What is a trademark or service mark?

A trademark is generally a word, phrase, symbol or design, or a combination thereof that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the sources of a service rather than goods.

How long does a trademark last?

Unlike copyrights or patents, trademark registration rights can last indefinitely if the owner continues to use the mark to identify goods or services. The term of a federal trademark registration is ten years, with ten-year renewal terms.

How much does it cost to file a trademark?

Trademark services fees consist of legal fees plus registration fees owed to the USPTO for filing or maintaining a federal trademark. The proper filing fee is for your application will be based on three distinct factors. Those factors are:

(1) NUMBER OF MARKS: Only ONE mark may be filed per application. If you have multiple marks, they require separate applications, each with its own filing fee;

(2) NUMBER OF CLASSES: You must pay for each class of goods and/or services in the application. For example, if the application is for one mark but the mark is used on goods in two different classes, such as computer software in Class 9 and t-shirts in Class 25, then a filing fee for two classes is required before the application could be approved; and

(3) THE APPLICATION FILING OPTION SELECTED: There are several ways you can file your application with the USPTO, and they are listed below with the price for each.

  • The TEAS Plus filing option has a filing fee of $225 per class of goods or services, but has the strictest requirements (see TMEP §819.01).
  • The TEAS Reduced Fee (TEAS RF) filing option is $275 per class of goods or services and requires the applicant to (1) provide an e-mail address and authorize the USPTO to send e-mail correspondence concerning the application throughout the application process and (2) agree to electronically file, through TEAS, certain application-related submissions that may be filed during the application process.
  • The TEAS Regular filing option is $325 per class, but does not have the additional requirements of TEAS Plus or TEAS RF. 

The fees above are the federal registration fees that the USPTO charges to file an pplication. Attorneys fees can range from $700-$5,000 more dollars depending on the mark and if it is opposed or refused. Kurtz Law Firm offers unique flat fee opportunities for trademark registration, renewal, clearance searches, enforcement and maintenance areas. Our creative fee structures for trademark services can be found here.

More information from the USPTO on trademark processing fees can be found here.

Will my personal information be available to the public?

In short, yes. Information you submit will become public record and will permanently remain searchable in USPTO online databases, Internet search engines, and other databases.  This can include your name, phone number, email address, and street address.

How long is the examination process for my trademark?

Once your attorney files the application and gets a serial number, your application will then get the ‘pending examination’ status.  In approximately 3 months from that date, your application will be assigned to a USPTO examining attorney for review.  Once a trademark examining attorney reviews the application they will respond with a refusal or will publish the mark globally in the trademark gazette to see if anyone else opposes the registration. If the mark faces opposition or is refused by the examining attorney they will state the specific reasons and give you an opportunity to respond and possibly overcome the initial refusal. The overall process can take up to 18 months. The application cannot mature into a registration unless all legal requirements are met, and many applications never satisfy these requirements and therefore never register. 

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