FAQs

Is a trademark search necessary?

Yes! Your trademark application won’t be submitted until a clearance search is done. And no, the U.S. Patent and Trademark free search is not enough. This search generally only covers the wording of the mark and only those which are federally registered, making knock-out searches very limited. On the other hand, a comprehensive search is far more thorough. The results will include federally registered trademarks as well as pending and abandoned federal applications, state trademark registrations, company names from all fifty states, all existing domain names, relevant webpages and images, and social media aliases and handles. Conducting a comprehensive search helps us to identify potential obstacles, provide our clients the best analysis and advice available, and plan accordingly to ensure successful registration of your trademark.

What is the process and how long does it take?

From start to finish, the trademark application process can take anywhere from 7 to 12+ months. The anticipated timeline depends on a number of factors, such as: the time it takes to obtain information from you in order to complete and submit the application, time for the application to be assigned to an examining attorney at the USPTO, whether or not Office Actions are issued, and the time for opposition. After submission of your application, it can take three to five months for the application to be assigned to an Examining Attorney. A month later, you should receive notice of Office Actions, if any. If one is issued, you will have six months to respond. Once resolved, a Notice of Publication should issue within 1-2 months. Once your mark is published for opposition, there is a 30-day period where it may be challenged. If your mark is not challenged by anyone, the USPTO will register your trademark within three months from the publication date.

If I hire Colella Legal Studio to file my trademark, is it guaranteed that my mark will be registered?

Unfortunately, I cannot guarantee registration. No attorney can do that. The clearance search will provide us with significant information to advise you of the probability of successful registration. Taking these steps before submitting your application, rather than after an Office Action has been issued, helps the application process run more efficiently.

What are the government filing fees?

Filing fees can change but currently, the filing fees for trademarks are $250 and $350 per class depending on the type of application filed.