New Trademark Application FAQ
How The Process Works
1. Fill out our simple form in about 5 minutes. It provides us with most of the information we need to begin your application.
2. As soon as your payment clears (you have the option of credit, debit card, PayPal or mailing us a check) we will do a conflict check to ensure that we can represent you.
3. We follow up with you based on the service level you purchased. Your application is drafted for your review and you are invoiced for the required government filing fees (between $275 and $325 per international class of goods or services).
4. We submit your application after your approval and notify you once your application results in a registration.
Frequently Asked Questions
Our Money Back Guarantee
Our money back guarantee essentially shares some of the risk involved in applying for a trademark. Please read our engagement agreement for the complete terms, but a quick overview is as follows:
We start your trademark application with a trademark search to check for availability. If we find a mark that will likely stop you from acquiring a registration, will refund what you paid us minus the fees we earned performing the trademark search you ordered (Trademark searches costs $75 for the Standard Trademark Service and $299 for Complete Trademark Search & Filing Service). The money back guarantee includes any optional add-ons like trademark monitoring or additional marks that were added while checking out.
Furthermore, we offer several other discounts in the event that your mark is not available or runs into problems in registering.
First, if after the search you are informed that your application has a significant risk of being rejected but you decide to submit the application anyway, we will provide you with a discount on our Office Action service to argue your case for $399 instead of the regular $499 price.
Second, if you would like to start over and try a new mark, we will provide you with a $25 discount on a new Standard Trademark Service package and a $50 discount on a Complete Trademark Search & Filing package.
Please note that at no time, after they are submitted to the USPTO, are government filing fees refundable.
How Do Government Filing Fees Work?
Government filing fees range from $275-$325 per international class. Many businesses that have uncomplicated business models will qualify for the lower $275 rate. Other businesses with more complex needs may have to opt for the more expensive fee to fully protect their trademark. In every case possible we opt to draft your application using the lower filing fee method unless the lower filing fee will not adequately provide broad trademark protection for your particular business.
An international class refers to the type of goods or services your business sells. Each international class requires a separate government filing fee. For example, a business that manufactures widgets but also provides consulting services would need to pay two separate filing fees (one for the manufacturing portion of their business [goods] and one for the consulting portion of the business [services]). Here’s where having a trademark attorney helps – we’ve seen many do-it-yourself applications pay for multiple classes of filing fees unnecessarily. We’ll help you keep your filing fees as low as possible because we understand how trademark law works.
How Long Does It Take BreanLaw to File?
In most cases, you’ll receive a draft in as little as 1-3 business days after payment clears.
We submit your application to the USPTO as soon as your government filing fees clear our credit card processing account and are transferred into the law firm checking account. You will be invoiced for government filing fees when we send you the draft application for your review.
Is There a Trademark Search Included?
Yes, every trademark package we offer includes a free knock-out search of the federal trademark databases reviewing for the existence of exact matches.
If you plan on investing a significant amount of money in a new business venture and want to help ensure that your trademark is not currently in use by another party, you should order a complete package. Learn why a complete search is necessary to avoid potentially catastrophic outcomes in the future.
What Happens If My Trademark is Rejected?
By hiring a trademark law firm your chances of outright rejection are greatly reduced. Unlike form-filing companies that provide you with very basic, incomplete guides to trademark law that you have to read, understand, and interpret correctly, your application is drafted by an experienced trademark attorney. If your application is rejected, it will not be for a simple, easily avoidable reason.
Trademark clearance is an art, not a science and there can be differing opinions as to the likelihood of a particular mark’s likelihood of interference with an already registered trademark. As a matter of policy, we provide 30 minutes of non-substantive follow up with the trademark examining attorney at the USPTO. If the USPTO examining attorney presents your mark with an office action that requires substantial objections that take more than 30 minutes of time to address we will contact you with an office action price quote.
Are There Discounts on Multiple Applications?
If you have more than 3 marks to apply for at a given time, discounts are available. Please contact us to discuss your needs.