Trademarks A Trademark is essentially a brand name. A trademark distinguishes the goods or services that your business provides from the goods and services provided by others. Trademarks are registered federally, through the U.S. Patent & Trademark Office (USPTO). There are several different types of trademarks and many registration classes. Registration of a trademark is not required, but there are certain benefits gained by registering your mark. These include, notice to the public of ownership, a legal presumption of the ownership and the exclusive right to use the registered trademark on the good or in connection with the services provided. A common misperception arises through the use of the ™ symbol. This symbol means only that you are claiming ownership of the trademark -- it does not signify that you have registered the mark with the USPTO. Only the symbol ® means that a mark is properly registered, and ® may only be used after the trademark has been officially registered, and then only in connection with the goods or services the mark pertains to. Nevada Corporate Center will direct you to Sutton Lawrence LLP who provides a three-step trademark registration service to our clients. • Step 1 - After an initial consultation with you and a review of your intended trademark, a preliminary in-house trademark search is performed. This search determines if there are any obvious conflicts with the mark and whether your intended mark is already in existence or is too close to another mark filed with the USPTO. You are provided with the results of the Step 1 trademark search and we discuss our findings with you. Step 2 - If the Step 1 trademark search indicates your proposed trademark is not immediately in conflict with any other marks, a second, trademark search is conducted. This search is conducted through a third party and includes a federal and state-level search, a common law, corporation and internet search, as well as a search of other information sources to determine whether your proposed mark will be in conflict with any other existing marks. We provide you with a copy of the Step 2 third-party trademark search and discuss the results with you. Step 3 – If the search results look promising, the application is prepared and filed with the USPTO, where it will be reviewed by a Trademark Examining Attorney. Filing a trademark application does not guarantee success, as there is no way to determine how the Examining Attorney may respond.
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Our fee to conduct a trademark search and prepare and file the application is a minimum of $1,195, broken down on a per-step basis as follows: • • • Step 1 - $145 Step 2 - $450 Step 3 - $600
Please note that this fee changes depending on the type of trademark you want to register and whether, after filing the application, the USPTO has any questions or requests any additional material. If, either Step 1 or Step 2 reveals a conflict with your proposed trademark, you are given the opportunity to amend your mark or withdraw your application, with a refund of any unused fees. For more information on trademarks generally or to request a trademark search, please contact Deborah Pringle at Sutton Lawrence LLP.
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Sutton Lawrence LLP is your gateway to professional legal services in CA, NV, and UT, specializing in asset protection and estate planning. With offices located in Reno, NV and Salt Lake City, UT, Sutton Lawrence LLP offers entrepreneurs and businesses the high-quality legal services required to help your business grow and move forward. Visit their website at http://www.sutlaw.com.