FAQ’s

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FAQ’s

Brand Registry Trademark

How is BRTM different?

Brand Registry Trademark focuses on providing intellectual property legal services to online sellers. We specialize in trademark application, registration, and related services in online environments. Our trademark application and registration process is designed to get you results as quickly as possible. We do the upfront work correctly, at highly competitive rates, using proven strategies.

What is your service area?

Because we work before the United States Patent and Trademark Office (USPTO) in areas of federal law, we can help online sellers across the United States and abroad.

Can you help me with my specific issue?

If your issue relates to intellectual property, we can most likely help you. Please reach out to us directly if you have any questions.

What are your rates?

Many of our rates, such as our trademark application package ($795) are fixed fee/flat rate. For those services that are not flxed fee/flat rate, our hourly billing rate is $280. Volume discounts may apply. Please contact us for prices and estimates for your situation.

Trademark Application & Registration

Do I really need an attorney?

You are not required to use an attorney. But, getting a trademark registration can be complicated. The United States Patent and Trademark Office (USPTO) highly recommends that you use a trademark attorney. Also, studies have shown that your odds of success increase significantly if you use a qualified trademark attorney. Our process uses trademark attorneys to increase your odds of success even further.

Can my brand be protected?

Whether your brand or trademark is registrable or protectable depends on various legal factors, others’ uses and protections, and your actual use. Given all of these factors, registering a trademark is more complex, than, for example, buying a domain name. Through carefully crafted trademark clearance search and analysis, our process can determine whether your brand can be protected.

What if my brand can't be protected?

If your brand can’t be protected in the way you anticipated, you may still have options. We can analyze your particular situation and provide you with the best alternative options and strategies. We will help you succeed.

How do I select a protectable trademark?

There are many different factors to consider in order to select a protectable trademark. We’re here to help. Our process uses first and second consultations to help you understand the best framework for selecting a protectable mark.

How long does it take to get a trademark registration?

Trademark application, examination, and registration is a multi-step legal process that occurs at the United States Patent and Trademark Office (USPTO). On average, the trademark application and registration process lasts between 9 and 10 months. Any given applicant’s experience can be longer or shorter than this depending on the circumstances. The best way to obtain a registration quickly is to have us do the upfront investigations and analysis properly in order to submit a well tailored trademark application.

What does it mean if my application is rejected?

Our process is designed to minimize rejections and increase the odds of success. However, because trademark registration can be complicated, applications may be rejected in Office Actions. Our track record shows that these rejections can often be overcome through argument, amendment or other means and strategies. We believe that hard work and determination can get you where you want to go. At the same time, our process emphasizes communication and analysis and we’re happy to help you pivot to other directions if that is best for your business.

How much does trademark registration cost?

Using our process, trademark application and registration can cost as little as $1020 total (including attorney and government filing fees). The costs for your situation can be specifically estimated for you through our process and related consultations.

Trademark Clearance Searching

Do I have to do a clearance search?

A clearance search is not legally required before filing a trademark application. But, the adage “look before you leap” applies, and we highly recommend that the proper due diligence take place in order to detect obstacles and opportunities before filing your trademark application. As part of our proven process, we conduct trademark clearance searching.

What is a clearance search going to tell me?

We can let you know if your trademark should be available for your use and registration and decrease the possibility of you having costly legal and/or rebranding problems by conducting a comprehensive clearance search for potentially conflicting trademarks and providing a legal opinion. A comprehensive search includes searching the following sources for trademarks that could potentially conflict with yours:

  • the USPTO’s database of federally registered trademarks;
  • U.S. state trademark registration databases; and
  • other sources for common law rights unregistered trademarks.
If I select a new mark, do I need to pay for a new clearance search?

Sometimes the results of the clearance search show obstacles to registration and lead to a recommendation that you not proceed with your originally proposed mark. In the event that you pivot to and move forward with another mark, we’re happy to do knock-out (preliminary) searching for you for a few proposed marks. But, once you settle on a final alternative, a new and separate clearance search should be performed for the new proposed mark. We perform additional trademark clearance searches for a flat rate of $495.

Trademark & Brand Monitoring

What is trademark monitoring?

Trademark monitoring is the process of proactively looking for others’ use of trademarks that are similar to your own so that you can spot and take action against infringers and preserve your trademark rights.

What does BRTM's trademark monitoring include?

When you partner with Brand Registry Trademark to start monitoring your trademarks and brands, we conduct weekly searches and provide monthly  reporting and recommendations related to trademark applications we believe may erode your trademark rights or brand value.

How much does trademark monitoring cost?

We perform trademark monitoring for $995 per mark per year.

Patents

Do you do patent applications?

Yes. Brand Registry Trademark has registered patent attorneys ready to help you. We do provisional, non-provisional, utility, design, and international (e.g., PCT) patent applications for a variety of technologies and products.

How much do patent applications cost?

The cost of patent application will depend on your specific situation. We can provide you an estimate after a free consultation. By way of example, the total cost of most provisional or design patent applications start at around $2,500.  Non-provisional, utility patent applications total cost starts at around $6,500.

*Flat fee includes: (a) an initial consultation of up to thirty (30) minutes; (b) one comprehensive U.S. federal, state and common law trademark search and report; (c) one opinion and recommendation based on the search results; (d) a follow-up consultation of up to thirty (30) minutes regarding search results and filing strategy; (e) preparation and filing of one trademark application (for up to three [3] classes); and (f) non-substantive office action response. Government fees of $275 per class are in addition to the above stated legal fees and due in advance of filing. In some cases, government fees may be less. Statement of use and/or extension attorney and USPTO fees (if applicable) are not included.  

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