What you need to know about prosecuting a trademark application

On Behalf of | Feb 22, 2022 | Trademarks |

You have a new product that is your pride and joy. As the person responsible for its creation, you want to protect it legally as best you can.

If your product isn’t patentable, you won’t be able to prevent others from making, using or selling it. And others may copy it. However, if you are first to the market, you can protect the trademark you adopt and use to identify the source or origin of your product.

Trademark rights arise from use of the mark in commerce. But if you can obtain a federal trademark registration for your product it is equivalent to using your mark in commerce everywhere in the U.S. as of the filing date of your trademark application.

How long does it take to prosecute a trademark application?

In most cases, a trademark prosecution takes between one and two years. Recently, the amount of time necessary has been increasing. One reason for this is applications are on the rise. The USPTO is hoping to address this problem with artificial intelligence and automation.

How much does it cost to prosecute a trademark application?

It can cost between $1,000-$2,000 to prosecute an application for federal trademark registration. The actual costs will depend on many factors, including the strength of the mark and whether there are any previously registered marks that the Examining Attorney believes will likely be confused with yours.

While it may seem easy to file your own trademark application, responding to a refusal to register the mark by the USPTO requires specialized legal knowledge and experience. Experienced trademark attorneys typically charge between $300 and $400 an hour.

Filing an appeal is sometimes necessary. There is also the possibility that a third party will oppose the application to register the mark. Both of these possible scenarios can add to your legal expense.

You should protect your products with patents when possible, but, patentable or not, federal trademark registration is always a good idea.