Trademarks and Servicemarks

The Trademarking Process

1. First of all, you have to get a name or string of names that no one else is using for the goods and/or services that you plan on using. This involves searching the government registries, and is very important because if the mark is already in use you forfeit your application preparation fee as well as the $325.00 application fee to the government for each class of goods and/or services which could conceivably go in excess of $1,000.00!

2. In order to get a trademark or servicemark you must already be doing business with that trade. You can still get a trademark or servicemark if you plan to use the name and possibly a logo also within 6 months of the initial application. If you do not use it in 6 months you have to file for an extension for another 6 months at a time with additional application fees and preparation fees involved up to a total of almost 3 years in which you can no longer save that mark for yourself. This could result in a significant amount of money if you go the entire three years, an excess of a thousand dollars minimum would not be enough. Of course, if no one else claims the mark after the three years and you are in business at that time you can reapply for the mark and possibly get it without extensions.

3. Now that you have conducted a search and your goods and/or services are on the market it is time to put in your application for a trademark or servicemark to the government. You will be issued an serial number almost immediately to show that you have applied but the final determination to accept or deny your permanent registration number comes from auditors, not machines, and takes 6 weeks to three months to obtain.

4. Every so many years you have to renew the mark by application and paying a fee also to the government as well the preparer of the application.