Trademark Registration Services

Trademark Registration Services Provided by Carson Patents

Our team at Carson Patents follows a 4 step process to apply to register trademarks or service marks at the USPTO while providing our clients with clarity every step of the way. We ensure our clients are aware of the trademark registration process and timeline to ensure they what know what to expect when working with us. All 4 steps to trademark are trademark registration services we provide: (1) Conducting a clearance search and common law search, (2) Writing the registration application, (3) Submitting the registration application and, (4) Responding to any USPTO communications (if needed). We provide additional trademark application services such as taking over applications that have already been started or handling the maintenance of a trademark.

Complete List of Our Trademark Registration Services:

1. Mark Research
   • Conducting a trademark search is a crucial step before filing a trademark application. The purpose of the search is to identify existing trademarks that may be similar to the one you intend to register. We perform a thorough mark search to review any similar trademarks, including any phonetic, spelling, or design variations, to help you assess the likelihood of success in your registration efforts. We utilize the internet, the Official Gazette (the official journal of the USPTO), and journals in addition to online trademark databases such as the USPTO Trademark Electronic Search System (TESS) in the United States or the European Union Intellectual Property Office (EUIPO) eSearch in the European Union to avoid potential conflicts with existing trademark owners.
2. Trademark Application Writing
   • Writing a trademark application involves providing detailed information about your mark, the goods or services it represents, and your basis for filing. We gather all of the relevant information we need and proceed to write a complete application. A complete and accurate application is critical as it minimizes the likelihood of receiving an office action from the USPTO examiner.
3. Trademark Application Filing
   • Filing a trademark application involves submitting the necessary documentation and fees to the relevant government trademark office. The process can vary by country. We ensure the trademark registration application has all of the necessary files and specimens attached, in addition to paying the USPTO filing fee at the time of submittal. We then send you a confirmation of receipt from the USPTO once the application is filed that typically includes an application number and filing date for your own records.
4. Responding to USPTO Issued Office Actions
   • Prosecution is responding to letters, referred to as office actions, from the USPTO examiners to address any issues raised in examining the application. The office action will outline any objections or requirements that need attention. If an office action is issued, we thoroughly comb the office action to understand the specific issues raised by the examining attorney. Common reasons an office action is issued includes the likelihood of confusion with existing marks, descriptiveness concerns, or issues with the identification of goods or services. Whatever the reason, we can respond to the USPTO with an office action response. That response, typically in the form of a letter to the USPTO, will either: (1) provide arguments or evidence to defend the application and/or (2) amend the application to address the examiner’s concerns. There are various types of messages an applicant may receive from the USPTO after filing a trademark registration application. Read more about responding to USPTO issued office actions in our article USPTO Office Actions in a Trademark Application: How to Respond.
5. Taking over Trademark Applications
   • We are also able to help with responding to office actions from the USPTO for trademark applications you filed yourself. In other words, if you started filing yourself and have run into trouble or just want help getting it completed, we can take over for you. Post trademark or service mark registration services include the maintenance of an existing registration such as monitoring for infringement and keeping track of/paying the necessary ongoing maintenance fees. Also, we are available to help respond to office action letters from the USPTO if you started on your own and now require assistance.
6. Trademark Maintenance
   • Maintaining a registered trademark involves ongoing efforts to ensure that your trademark rights remain in force and that the mark continues to serve as a reliable source identifier for your goods or services. We offer the service of regularly monitoring the relevant market for potential unauthorized uses or infringements of your trademark or similar mark registration filings that may conflict with your mark. If we do identify any instances of infringement, we can help take appropriate legal action to enforce your rights. We also keep track of renewal requirements to keep your registration active. If a licensing agreement is made or if there are changes in ownership, we ensure that any license contracts or assignments are properly documented and recorded with the USPTO.

Important Tip: Using your desired mark in commerce prior to trademark registration is recommended. This practice can actually make the process of registering a trademark faster and cheaper as long as the mark is not infringing on any other existing marks in the same industry.

Important Tip: Always conduct a mark use search prior to investing in the use of a name, slogan, or logo. Even accidental use of the registered brand property of another is trademark infringement.

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What is a Trademark or Service Mark?

A trademark is a piece of intellectual property that provides legal protection for a recognizable sign, design, or expression that identifies products or services of a particular source from those of others. Trademarks can take various forms, including words (brand name, business name, or slogan), logos, symbols, colors, sounds, scents, or a combination of these elements. Check out some well-known trademarks in our recognized trademarks article.

The primary purpose of a trademark is to distinguish and identify the goods or services of one business from those of others, creating brand recognition and consumer trust. On the other hand, a service mark is similar to a trademark but is specifically used to identify and distinguish services rather than tangible goods. Read more on our “What is a Trademark or Service Mark?” page.

Important Note: The term “trademark” is often used broadly to encompass both trademarks and service marks, and the registration process is generally the same for both. Check out our article on the differences between trademarks and service marks.

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In order to be eligible for trademark protection, a mark must be distinctive, meaning it should set the products or services apart from others in the marketplace. While the use of a trademark or service mark can be established through consistent use in commerce, registration with the relevant government authority, such as the USPTO, provides additional legal benefits and protections. Trademark registration grants the owner exclusive rights to use the mark in connection with the specified goods or services, which prevents others from using a confusingly similar mark in a way that might cause consumer confusion. If infringement of trademarks does occur, these exclusive rights allow the owner of the registered mark to take legal action.

Just like how patents require patent maintenance to stay valid, trademark registrations also typically require periodic paid renewal to maintain their legal validity (varying by jurisdiction). As long as the trademark registration is timely maintained, a trademark or service mark has the potential to last indefinitely.

Important Note: Trademarks and service marks play a crucial role in branding. Read more in our business name branding and best practices of brand selection articles.

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Registering a Trademark Internationally under the Madrid Protocol

Trademarks are territorial, meaning you must file each mark separately in each country you wish to have protection in. A worldwide trademark registration office does not exist. However, there is an international application available under the Madrid Protocol that can make the process of getting your brands trademark registered in multiple countries easier and less costly.

For international trademark protection, there is the Madrid Protocol. After a national application is filed (basic application) or issued (basic registration), the Madrid Protocol offers a single international application to seek protection for the mark in other countries. It is a cost-effective, efficient, and centralized way for a trademark owner to seek international protection for a mark. The process is filing one international application in “the office of origin” where the applicant is a citizen. The office of origin for U.S. nationals is the U.S. Patent and Trademark Office (USPTO) almost always.

WIPO Madrid allows you to register your trademark in 124 countries by filing a single application. The Madrid system is centrally managed worldwide by WIPO. Madrid provides a centrally managed system to apply for and get trademark protection. You will need to use an existing national or regional application that you already have on file. In addition, you can replace your national or regional registration with an international registration. “Replacement” is easy and automatic when you file for international registration of a granted national mark. Protection is renewed in ten-year periods directly with WIPO and having effect in all designated contracting parties (124 countries) around the world.

To use the Madrid system, according to WIPO, “you must either: be domiciled, have an industrial or commercial establishment in, or be a citizen of one of the 124 countries covered by the Madrid system’s 108 members.” The fees to register an international trademark include a basic fee and additional costs that depend on where and in how many classes you want protection.

Attorney Costs to Trademark a Business Name or Logo

The costs associated with trademarking a business name, brand name, logo, slogan, or other distinctive sight, smell, or sound varies depending on the following factors:

• Kind of trademark application
• Desired versions of a mark
• Complexity of a trademark application
• Number of classes
• Jurisdiction
• Professional legal guidance
• Attorney fees

Carson Patents Attorney Fees

Carson Patentsʼ typical attorney fees vary from $800 – $2400 to conduct the clearance search and common law search. If the clearance and common law search prove the mark is eligible for registration of a trademark, we will then prepare, file, and monitor your application at the USPTO through the receipt of the review from the examining attorney. There are additional filing fee costs at the USPTO for a trademark registration application that will cost between $250 and $350 per class.

Read more about costs to trademark. We offer a 25% discount on trademark registration attorney fees for veterans, active duty personnel, and their families. Learn more about our exclusive veteran discount.