Additional Trademark Services
Federal Logo Research
- Logo designs, although pictorial in the composition can be reliably searched using a codified numeric search strategy. Such an approach allows a search on any drawing element because each has an assigned numeric code. A logo design search sometimes takes up to 2 hours to write the search strategy before going online!
- Fax or email TradeMark Express your logo design for a free consultation on whether or not it warrants a Federal trademark search.
- We recommend searching your logo design if it is planned for product use, and/or is a central element of your marketing efforts.
- Logo design research is not recommended if the art is too descriptive, merely a type font, or the use is too limited geographically.
- There are limitations to logo design searches. Only Federal trademark databases may be searched. State trademarks and commercial common law logo design databases do not exist on a comprehensive level. Only Federal Trademarks can be searched comprehensively for logo designs.
- Our Federal Trademark logo design research and application preparation & submission is $700. We need 4 – 7 days for this complex search. Please call or email us for a free consultation!
USPTO Trademark Renewals
To keep your trademark active on the Federal Register, you must be aware of your registration date. Between the 5th and 6th year of registration, the USPTO requires that either a Section 8 or Section 8 & 15 Affidavit be filed. These forms are essentially the USPTO’s notice that the mark is still actively in use. The USPTO fee for this is $125 for the Declaration for Continued Use, per class. Add $350 per class if USPTO Section 15 incontestability is needed. TBD by our protective research. See below.
Failure to file this form will result in the cancellation of the trademark.
TradeMark Express will prepare the USPTO forms you need for $400 or we offer this service for just $200, if you are also ordering at the same time, our $400 protective comprehensive research to main the mark against infringers as needed is best. Under trademark law, it is your duty to maintain your own trademark against infringers. So, our fee will be just $700.
To keep your trademark active on the Federal register, you must be aware of your registration date. Between the 9th and 10th year of registration, the USPTO requires that a renewal be filed. The fee for the renewal is $425 per class.
Failure to file this form will result in the cancellation of the trademark.
TradeMark Express will prepare and file this form for $400, or we offer this service for just $200, if you are also ordering, at the same time, our $400 protective comprehensive research to main the mark against infringers — as needed. Under trademark law it is your duty to maintain your own trademark against infringers. So, our fee will be just $700.
Trademark Protective Research – Enforcement – Acquiescence
Existing marks need protection. We recommend a protective search for marks when they are 2 years old. When you have a trademark, you have an obligation to maintain it, to protect it to enforce it. You need to catch people before they use the name too long and become entrenched into the name, slogan, or logo. They will eventually gain rights from you if you ignore them long enough —called acquiescence (giving up rights). When you have a trademark, your obligation is to enforce it — or else lose it. Your trademarks achieve expanded rights in sound, appearance, and meaning, over mere Common Law rights. This added ownership cannot simply be researched by yourself on the Internet. This is what TradeMark Express does – including research result analysis, and attorney time. These are very important points of having a trademark. We strongly recommend enforcement, otherwise known as protective research, every 2 years. We offer trademark monitoring services too. Please call to discuss!
Trademark Monitoring
It is well established that trademark owners must police their trademarks against misuse by others or risk losing the exclusive right to those marks. When a competitor misuses a mark, the course of action is simple and straightforward: Write a cease-and-desist letter.
If the competitor does not terminate the offending use, file suit and force the end of the matter in court.
TradeMark Express® recommends redoing research every 2-3 years OR subscribing to ongoing monitoring of your mark to protect against a competitor’s use. Practically speaking, it is far better to catch early use when it is easy for the infringing user to change its name. Monitoring is a minor expense compared to events that may spiral out of control.
Does TradeMark Express® offer monitoring services?
Yes, we offer the trademark service of monitoring the US Federal & State trademark databases as well as the US National Common-Law databases. Following are the details and prices:
All prices for six-month scheduled service:
- U.S. Federal & State trademark – 6 Month Plan – $200 – Monthly update, including trademark attorney: 20 review. (Add $100 for Canada)
- U.S. Federal & State trademark – 18 Month Plan – $700 – Monthly update, including trademark attorney: 20 review, each time a similar or conflicting new trademark filing is found. Free Common Law research ($200 value) included done during the 18th month of monitoring, to close the research gap.
- Canada – We do not recommend monitoring services for Canada, unless you have a very competitive product or service in the marketplace. Protective research every 2-3 years is recommended instead of monitoring.
Multiple Name Discounts
- TradeMark Express® offers discounted prices for Premium Package orders if you have 3 or more names to be searched. Please call or email us for your written bid if you have 3 or more names to be trademarked.
- If your search names have a common word, sometimes the names may be combined into the same search. Call or email us to see if you qualify for a common word discount for trademark services.
- If you are looking for just one name, it’s recommended to just search one name at a time rather than paying for multiple names.
- Please call or email us for a free consultation for the best approach for you.
Pay As You Go
TradeMark Express will search your mark in the pending and registered Federal and State trademark files and in the US National Common-Law files and if clear, prepare and file your US Federal trademark application — each step will be completed per your request.
How It Works
$200 US Federal & State Trademark Research & Analysis
After conducting a free preliminary USPTO search, TradeMark Express will search the pending AND registered Federal AND State trademark files in accordance with the USPTO’s policy, namely looking for similarities in sound, appearance, or meaning. This involves searching for synonyms, spelling variations, word placement, etc. This is an exhaustive search — a truly comprehensive search that you need because it is the basis to determine if your proposed name, slogan, or logo is legally available. Expert analysis and trademark attorney review are included so we can offer you a step-by-step approach and conserve your comprehensive investment in research, and it speeds the trademark process. Our expert analysis saves you at least an hour of trademark attorney time or $300 to analyze your research. If there are conflicts or similarities found, we will refer you to a trademark attorney to discuss the research report. This is a huge benefit as no other trademark service offers analysis, attorney time, and step-by-step research.
$200 US Common Law Research & Analysis
TradeMark Express will search for commercial availability of the mark in over 6500 paid databases. Businesses have “first use” or Common-Law rights to their trade names in whatever geographic trade area they serve. The US National Common-Law research will help you to determine if you face any trade restrictions. This too is an exhaustive comprehensive search – that you need because it is the basis to determine if your proposed name, slogan, or logo is legally available. Expert analysis and trademark attorney review is included so we can offer you a step-by-step approach and conserve your comprehensive research funds, and it speeds up the trademark process. Our expert analysis saves you at least an hour of trademark attorney time or $400 to analyze your research. If there are conflicts or similarities found, we will refer you to a trademark attorney to discuss the research report. No other trademark service offers analysis, attorney time, and step-by-step research.
$400 US Federal Trademark Application Preparation and Filing
TradeMark Express will write and electrically file your US Federal trademark application. Your trademark rights will begin immediately as we will receive a serial number back from the USPTO the moment we file your name, slogan, or logo. While awaiting registration, products can use a ™ symbol and services are ℠. Final registration will be achieved in 9 to 12 months, then you can use a ® symbol for both products and services.
Competitive Checks
Once the research is complete, if there are any similarities or conflicts, we recommend a competitive check. Though our research provides a fairly clear picture of the competing goods or services, trade area, customers, and distribution channels, we recommend contacting the companies in order to fully understand the entire spectrum of their mark’s rights and their effect on your planned trade name usage.
We do not automatically conduct competitive checks. Usually, clients prefer to do this themselves because they are familiar with their own goods or services as well as the proposed trade area. If you conduct your own competitive check, then approach it as a customer inquiry, not as a competitor who wants to use the same name!
A TradeMark Express® competitive check on any research conflicts or similarities is $100 per hour with a 15-minute minimum. This includes all expenses, including any additional online research.
Schedule a Free Expert Trademark Consultation
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Hours: 10am – 7pm | Mon – Fri EST
Address: 2000 Pennsylvania Ave, Ste 1010, 20006
Phone: (800) 340-2010
Local: (202) 496-1600
Fax: (202) 204-5841
E-mail: staff@tmexpress.com
Hours: 8am – 4pm | Mon – Fri, PST
Address: 4546 El Camino Real, Ste 238, Los Altos, CA, 94022
Phone: (800) 776-0530
Local: (650) 948-0530
Fax: (650) 948-0527
E-mail: staff@tmexpress.com
