Business PLANNING
Intellectual Property

STANDARD TRADEMARK APPLICATION

  1. Basic search of the federal USPTO database for conflict with exact matches for live and pending applications.

  2. Federal electronic filing of your application with the USPTO, including strategizing and determining your specimen, monitoring your application process, and up to one hour towards any Office Action response, if needed. 

  3. Delivery of your electronic trademark registration (there is​, ​however, no guarantee of registration)

  4. ​The standard USPTO application fee of ​$250* per International class​.​​​

 

If you anticipate possible conflict or issues arising with your mark, we would be happy to discuss an upgraded service package that includes a more comprehensive search, more frequent monitoring of conflicting marks & applications, along with additional hours dedicated to Office Actions (concerns or rejections presented from the USPTO). 

*Subject to change by the USPTO

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Why Protect Your Intellectual Property

One issue that is very important is to clarify who owns the IP. It is very common for an individual to produce the IP and believe he or she continues to own the IP, but in reality it becomes owned by the entity. Make sure to separate out, in an agreement, who owns each item. OBLS can help, just ask.

 

Always remember to protect your intellectual property by:

1. IDENTIFYing type of Intellectual Property

2. Clarifying OWNERSHIP

3. PROTECTing the Intellectual Property

4. MONETIZing

MAINTENANCE

It is important to note that registering your mark is just the start of the process. While often easy to maintain, it is required that periodically you prove to the USPTO that you are still using your mark in commerce. 

 

Below you'll find the base fees and requirements for maintaining a registered mark: 

  1. Required filing between 5 and 6 years after registration (declaration of current use): $225 per class 

  2. Required filing between 9 and 10 years after registration (combined declaration of current use and renewal application): $525 per class.

If you're interested in maintaining your trademark over the long-term, and want that burden off your hands, we recommend our Premium Trademark Application, which includes: 

  1. Everything in the standard trademark application package, plus - 

  2. filing of the declaration of use by the 6 year deadline (and the application fee)

  3. filing of the declaration of use combined with renewal application (and the application fee)

  4. annual search of existing and pending applications for potential conflicting marks. 

 

Important notes:

  • Billed on Filing of Application. [Consultations which do not result in Application Filing are billed at attorney’s regular hourly rates.]

  • Office Action Consultation and Responses,  Consultations regarding enforcement and conflicts, copying, recording and filing fees, and overnight service delivery costs are not included in the flat fee.

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Intellectual Property (IP) refers to the creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce. There are four types:

 

Patent • Trade Secret • Trademark (Including Trade Dress) • Copyright

 

Think about these things:

 

• Names for the business and products • Logos • Artwork for marketing • Architectural drawings for the buildings • Techniques for providing a service • Confidentiality agreement from the Internet

 

A. Types of Trade Secrets: Formulas (e.g. beer formula, famous example: Coca- Cola formula) • Processes (e.g. brewing process) • Methods and Technologies • Customer Lists • Business Plans

 

B. Types of Trademarks: A Source Indicators (Word • Symbol/Logo • Slogan • Sound • Color • Domain Name • Trade Dress)

            -‘Any word, name, symbol, or device, or any combination thereof, used in commerce to identify and distinguish the goods of one manufacturer or seller from those of another and to indicate the source of the goods.”

            -A trade dress is an objects “total image and overall appearance,” and it may include features such as size, shape, color or color combinations, texture, graphics or even particular sales techniques.

            -First to use in commerce has superior rights in use territory. First to file has superior rights nationally.

           

C. Types of Copyright: “Original works of authorship fixed in a tangible medium.”

• Literary works • Musical works, including any accompanying words • Dramatic works, including any accompanying music • Pantomimes & choreographic works • Pictorial, graphic, & sculptural works • Motion pictures & other audiovisual works • Sound recordings • Architectural works

 

D. Patents: a government authority or license conferring a right or title for a set period, especially the sole right to exclude others from making, using, or selling an invention.