Trademark Registration Attorney

A filing service submits your application. An attorney evaluates whether your mark is registrable, drafts a description of goods and services that will pass examination, and responds when the examiner objects. Most problems that result in abandonment or rejection start with the initial filing: a descriptive mark, an overly broad class, or a specimen that does not qualify. An attorney addresses those risks before the application is filed, not after it is rejected.

USPTO base fees for electronic applications under Sections 1 and 44 are US$350 per class. Our legal fee for a single-class application is $2,995 (Brand Locked), plus the USPTO filing fee. Multi-class, contested, or cross-border applications cost more. I quote a flat fee before any work begins. Additional government fees may apply.

At the USPTO, an application for the Principal Register is examined and, if approved, published for opposition before it can register. For fiscal year 2024–2025, Canada's CIPO published an average turnaround time of 34.5 months for trademark registrations. You can use ™ at any time, with or without an application on file. ® becomes available only after the registration certificate issues.

The description of goods and services defines the scope of your trademark protection. A description that is too narrow limits the goods or services for which the certificate is prima facie evidence of your exclusive right to use the mark (15 U.S.C. § 1057(b)). An application must list the particular goods or services on or in connection with which the applicant uses or intends to use the mark, and during examination the identification may be amended to clarify or limit it, but not to broaden it. We recommend a description that covers the products and services you actually offer, uses language the USPTO recognizes, and anticipates the scope of enforcement you may need.

A specimen is proof that you are using the trademark in commerce. For goods, the specimen must show the mark on the goods, on their containers or packaging, on labels or tags affixed to them, or on a display associated with the goods (or, where that is impracticable, another document related to the goods or their sale). For services, the specimen must show the mark as used in the sale, performance, rendering, or advertising of the services, with a direct association between the mark and those services. A webpage specimen must include its URL and access or print date. A use-based application must include one specimen per class showing the mark as actually used in commerce on or in connection with the identified goods or services.

Yes. I file both USPTO and CIPO applications; Canadian examiner's reports, oppositions, and section 45 proceedings are handled through a licensed Canadian trademark agent. US and Canadian trademark systems are separate: different filing fees, different class requirements, different examination timelines, and different legal standards for registrability. For brands operating in both markets, that keeps the filing strategy consistent.

After you file, the USPTO assigns an examining attorney who reviews the application for registrability. The examiner looks for likelihood of confusion with existing marks, descriptiveness, proper specimen of use, and correct identification of goods and services. If any issue is found, the examiner issues an office action explaining what must be changed or argued before the application can proceed.

The USPTO describes likelihood of confusion as the most common reason for refusing registration. The examiner compares your mark to registered marks and earlier-filed applications for related goods or services and evaluates whether consumers are likely to be confused about the source of the goods or services. The standard is applied under the Lanham Act through a multi-factor test. An attorney can assess confusion risk before you file and argue against a refusal if one is issued.

An intent-to-use (ITU) application lets you file a trademark before you start using it in commerce. If the mark registers on the Principal Register, the filing date counts as constructive use of the mark, conferring nationwide priority subject to the exceptions in 15 U.S.C. § 1057(c). Before the registration issues, you must establish use in commerce through an acceptable amendment to allege use or Statement of Use. After a Notice of Allowance, the Statement of Use is due within six months. Timely extension requests filed with the USPTO, with the required fee and a verified statement of continued bona fide intention to use the mark, can extend that period; extensions after the first also require good cause, and the total period cannot exceed three years from the Notice of Allowance.

A US registration based on use or a foreign registration requires a Section 8 Declaration of Use filed between years 5 and 6 after registration, and renewal every 10 years. Missing the required filings, including any available grace period, can result in cancellation. CIPO explains the Canadian renewal rules. Canadian registrations issued on or after June 17, 2019 have an initial ten-year term. Earlier registrations retain their applicable fifteen-year term until renewal; subsequent renewal terms are ten years. I track maintenance deadlines and arrange the required filings so your registration stays in good standing.