Trademarks
What is a Trademark?
Trademark FAQ
Evaluation & Consultation
Choosing a Trademark is not as easy as picking a word
that sounds good and avoiding formal trademark infringement. Just because you select
a trademark that is accepted for registration by the USPTO (United States Patent &
Trademark Office) does not mean that no one will ever challenge your rights to the mark or
cause you to defend your choice with costly litigation. Someone may have limited,
common law rights to the mark of which you are not even aware.
You can choose your own Trademark, conduct your own
trademark search and file the application yourself. However, this is an invitation
to litigation if you do not have the training and experience to minimize the potential
problems. Even if you retain the services of an experienced Trademark attorney,
there is no guarantee that your intellectual property rights in the mark are free from
challenge. However, by using an attorney you minimize the problems that you
can encounter and acquire some measure of accountability.
Searching and registering your own trademark is like
purchasing a house without having an attorney conduct a title search and provide title
insurance. Your investment in your business is too great to take that risk.
DeLuca & DeLuca will evaluate your choice of mark, help you to determine
how many categories you should register it in, perform the search and prepare and file the
application for you.
Search
Preliminary Federal Trademark Register Search
DeLuca & DeLuca will perform a direct hit
Federal Trademark
Register search for $75.00 for up to 3 candidates marks. This is the minimum
search that you should make and will eliminate the obviously unavailable marks and allow
you to narrow down your choices to one mark. You may
choose to apply for a registration without a search at all, but this search will at least
inform you if the marks in which you are interested are already registered in the federal
database.
Basic U.S. Search & Report
This search includes the Preliminary Federal Trademark
Register search so that you may first determine which of your choices have not already
been registered.
This search also includes a search of the U.S. State
Trademark Register to determine if anyone has reserved state rights to a mark, even if
they did not obtain Federal registration. You may decide not to register a mark in
the Federal Registry if someone else will be able to use the mark even under limited
circumstances.
We will also search certain common law sources, such as
Dun & Bradstreet Business Directory, and the Thomas Register in order to determine if
someone has been using the mark without registering it, since this may allow the user
certain common law rights to the mark. It is also our policy to determine what if
any impact your mark will have in regard to the registration and usage of a domain name.
The report is limited to the first 20 results
and does not include graphic representations.
This search costs $195.00.
Extensive U.S. Search & Report
This search includes the Preliminary Federal Trademark
Register search so that you may first determine which of your choices have not already
been registered.
This search also includes a search of the U.S. State
Trademark Register to determine if anyone has reserved state rights to a mark, even if
they did not obtain Federal registration. You may decide not to register a mark in
the Federal Registry if someone else will be able to use the mark even under limited
circumstances.
We will also search certain common law sources, such as
Dun & Bradstreet Business Directory, and the Thomas Register in order to determine if
someone has been using the mark without registering it, since this may allow the user
certain common law rights to the mark. It is also our policy to determine what if
any impact your mark will have in regard to the registration and usage of a domain name.
There is no limit to the number of relevant
trademarks and trade names that are included in your report and the report
included graphical representations when they exist in the federal records.
This search costs $295.00.
Evaluation, Consultation and Application
We will provide the Evaluation and Consultation
regarding your mark, discussed above, and prepare and file the application for
$275.00. We will also make a recommendation as to how many classifications you
should seek. The USPTO charges $325.00 per classification, but most trademarks
require only one classification.
A typical Trademark case requires the $295.00 Extensive
Search, The $275.00 Evaluation, Consultation and Preparation fee, and the $325.00 filing
fee that is charged by the USPTO.
Please contact us at the telephone numbers or addresses
below if you wish to discuss the process or would like to retain our services.
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