A. Basic General Fees for obtaining a Trademark
(1). New Application
This new application fee is required by the USPTO for processing your trademark application.
(2). Post Application and Examination
During the examination phase, an Office Action may be issued by an examiner to point out issue(s) with the mark. The applicant should submit a reply/amendment to the Office Action to address the issue(s). The response is usually prepared and drafted by a patent agent/attorney, the cost for preparing this response varies and is usually charged by hours depending on the case.
(3). Publish and Register
If no refusals or additional requirements are identified, the examiner will approve the mark for publication in the Official Gazette. If no opposition is raised during a 30 days period, the USPTO will then issue a registration.
A complete fee schedule from the USPTO (United States Patent and Trademark Office) can also be found here.
B. Basic Application Process
For a more detail process flowchart, please refer to the below link from the USPTO.
C. Our U.S. Trademark Package – HKD 7,800
What does this package include?
- Basic search – checking for identical mark
- Official fees for new trademark application (per class, efiling, TEAS RF, USD 275)
- Submitting your application to USPTO, monitoring and reporting to you
D. Applications for “Use in Commerce” and “Intent to Use”
There are two types of trademark application in the U.S. – “Use in Commerce” and “Intend to Use”.
“Use in Commerce” is for application which the mark has already been “in use” at the time of filing. “Intent to Use” is for application which the applicant has not used the mark yet but would like to get ahead and start the registration process first.
The registration process for these two types are the same except that there are a few extra steps for “Intent to Use” applications near the end. After the mark has been published on the official gazette and if there is no opposition in the published period, the USPTO will issue a Notice of allowance (NOA). The NOA is not a registration, but indicates that the mark will be allowed to register after an acceptable Statement of Use (SOU) is filed. Applicant is required to timely submit the SOU. Upon receiving and reviewing the SOU, the USPTO will determine whether federal law permits registration. If no refusals or additional requirements are identified, the USPTO approves the SOU and will issues the trademark registration.
If you would like to learn more in details, please see the below links from USPTO showing the application process flow. You may also reach us directly, we will try out best to help.
Application based on “Use in Commerce”
Application based on “Intent to Use”
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