Service & Trade Marks

Marks are generally an identifier of source and quality. Rights generally accrue under common law upon adoption and use of a mark (name, symbol, logo, trade dress, style of doing business, etc.) in connection with a business. Marks may also be adopted for use in connection with non-profit and organizational activities, e.g., unions and trade associations.

It is generally recommended that a trademark clearance search be performed to determine the availability of a mark prior to its adoption. Typical client charges for such a search and related analysis and opinion is $ 450.

A mark may be registered at the States and Federal level, provided that certain requirements are satisfied. At the State level, the mark is simply registered with the Secretary of States and notice must be provided locally.

At the Federal level, applications for trademark registration are subject to substantive examination in an arcane administrative proceeding that may span 2-4 years, or more. Registering your trademark in the Federal System would be done hourly and range from between $1,000-2,000, plus government fees (filing, publication & registration) of approximately $ 1000.00 accruing between application filing and mark registration, depending on the number of different classes of goods and services for which registration is sought.

Registration at the Federal level requires actual use or intent to use the mark