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How to Search, Apply & Register a Trademark

Located in Portland, Oregon, Baumgartner Patent Law provides trademark search services worldwide

Trademark searches

Before filing an application for a trademark, we recommend conducting a trademark search. A free trademark search can be conducted through the website of the US Patent and Trademark Office. Our basic trademark search services, conducted by trademark attorney, include an Internet search, and a search of registered trademarks and applications for trademarks in the United States. More comprehensive trademark search services include searching state trademark registrations and applications, common law usage (such as mentions in magazines), and international trademarks and applications.

We recommend first searching the US Patent and Trademark Office website for similar trademarks. If you are unsure how to search a trademark, we also recommend our basic trademark search service. We have extensive experience conducting trademark searches, and bring that experience to our basic trademark search service. This search will discover similar marks, and assist in choosing a trademark. It will additionally allow you to choose the classes of goods and services you would like to apply for. Trademarks are limited to specific categories (called classes) of goods and services. It is possible to have similar marks in different classes of goods (such as clothing and computer software). Once you have performed a trademark search, we can assist with preparing and filing a federal trademark application.

Our basic trademark search can be conducted within 2 business days, including review by an attorney. A basic trademark search performed by our firm costs $400. Your trademark search includes review & discussion with a trademark attorney. To conduct a trademark search, please contact us online, or call us.

Contact Us
For a free consultation regarding filing a patent application, please use our contact form or contact our registered patent application attorney Marc Baumgartner at 503-546-3452 (Portland, Oregon) or toll free at 877-734-8669.

How to search, apply & register a trademark

There are several important steps for obtaining a trademark. These include:

Identifying a trademark

It is likely that you have chosen a name or logo that your company would like to use. Before filing a trademark application, we recommend researching your mark. We can help you identify similar marks that might block the registration of your trademark application, or might pose other barriers to your use of the mark. It is better to find out before filing a trademark application, to avoid the added expense of registering, abandoning, or refiling your trademark.
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How to search a trademark

Our firm has experience conducting trademark searches. We recommend conducting a limited federal trademark search, which will identify registered trademarks that might block your trademark application. We can additionally perform more comprehensive state and common law trademark searches. Our firm charges $400 for an electronic version of a trademark search. Our firm's trademark searches include review & discussion with a trademark attorney. Our search allows you to discover potentially similar trademarks, and help better position your trademark application. Other firms and companies provide free trademark searches. While this sounds like an attractive offer, it is likely that they will either provide a poor quality free trademark search, or will overcharge you for later services.
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Reviewing trademark search results

After one of our attorneys review your trademark search, we can discuss proceeding with your application. We will also give you advice on your mark. We can identify problems that may arise with your trademark application. Along with your trademark search results, we can identify possible common blocks to your application, such as similar marks, and whether your mark is merely descriptive (such as "George's Fifteen Minute Oil Change"). We can help you identify these possible problems and recommend changes. Filing a trademark application provides you with a filing priority date, which will help determine the date your trademark was in use (an important factor in trademark rights). This review and consultation with a trademark attorney is included in the cost of our trademark search.
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Completing and filing a trademark application

After finalizing your trademark, we can assist you with completing a federal trademark application. This includes identifying the goods and/or services you would like your trademark to cover, identifying the applicant (yourself or a corporation), and identifying your filing basis. Once your trademark application is filed, we will keep track of all reminder dates for keeping your trademark application current. Our firm charges $475 (plus USPTO filing fee of $325) to prepare and file a basic trademark application. This includes a consultation with a trademark attorney.
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International trademark application

There are several options for filing international trademark applications. Our firm recommends filing within 6 months of your filing date in the U.S. Any foreign trademark applications will thus have the same filing date as your U.S. application. You can file international applications at a later date, however your protection will relate to a later filing date. More information on our international trademark application page.
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Trademark prosecution (review by the USPTO & responding to office actions)

Once a trademark application is filed, trademark prosecution by the United States Patent and Trademark Office (USPTO) begins. They will initially review your application to make sure it is complete. Within nine months of filing your trademark application, you should receive an Office Action. An Office Action is a request to address concerns that the USPTO has with a trademark application. Many of these concerns take the form of "rejections." These rejections must be addressed and overcome with legal arguments to allow a trademark application to be approved. Many of the rejections revolve around similar marks, or the strength of the trademark.

Our firm has practice prosecuting numerous trademark applications, and drafting responses to office actions from the USPTO. We can provide many arguments that are not immediately obvious, and can work with you to address the issues raised by the USPTO. To prepare and file a basic trademark response to an office action from the USPTO, our firm charges $400. More complicated office actions require additional work, and the cost of such a response can be determined after a free consultation with a trademark attorney. Responses to trademark office actions drafted by our firm are prepared by experienced trademark attorneys.
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Publication of your trademark application

Once you have addressed the concerns raised by the USPTO regarding your trademark application, it is then approved for publication. The USPTO then publishes your trademark application in the Official Gazette. This allows the general public to view your trademark application prior to approval. If any other trademark owners have concerns, they can initiate a trademark opposition proceeding, which must be filed within 30 days of publication (however extensions to file an opposition can be filed for up to 120 days.)
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Trademark opposition

A trademark opposition occurs when a trademark holder believes that a published trademark application infringes upon their registered trademark. A trademark opposition proceeding is operated much like a trial, and rules of evidence and levels of proof are important. We have experience with trademark oppositions, and can reach an amicable resolution through mutual consent agreements, or defend your trademark application to the fullest.
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Trademark registration

Once the opposition period has ended, your trademark application is approved for registration. With the payment of requisite government fees, you are granted a registered trademark. Maintenance fees and statements of use are required on a periodic basis. Our firm will keep track of these dates, and ensure that you keep your registered trademark. We will also provide you with reports about your trademark rights. Our firm can additionally monitor your trademark, and protect your trademark from potential infringers.
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Foreign trademark applications

Once you have filed a trademark application with the USPTO, you can file trademark applications worldwide. If you wish to file trademark applications abroad, this must be done within six months of your trademark application in the United States. You can claim the filing date of your United States trademark application as a priority date for foreign trademark applications, including foreign trademark applications made through the Paris Convention or the Madrid Protocol (both which protect your trademark rights).

Contact Us
For a free consultation regarding filing a patent application, please use our contact form or contact our registered patent application attorney Marc Baumgartner at 503-546-3452 (Portland, Oregon) or toll free at 877-734-8669.

How Can We Help?
>> Patent and Trademark Attorney Portland, Oregon
>> Learn More About Marc Baumgartner
>> Contact Us - Baumgartner Patent Law
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>> Patent Infringement Attorney Services Overview
>> Trademark Registration & Filing Attorney Services
>> Trademark Infringement Attorney Services

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Baumgartner Patent Law is located in Portland, Oregon.

The materials provided within this website are for general information, educational, and promotional purposes only. The law constantly evolves and there is no guarantee that the relevant changes have been noted herein. They are not intended as, and should not be taken as, legal advice. Individuals and entities having legal questions should consult with an attorney to fully address their legal matters based on an analysis of the particular facts. The attorney members of the firm are licensed to practice law in the state of California, and otherwise as noted. Please call us to obtain legal advice 877-734-8669.
5933 NE Win Sivers Dr. Suite 205 Portland OR, 97220