Weiss & Moy, P.C.

The first step in preparing a trademark application is to determine whether you are already using the mark, or whether you intend to use the mark. If the name or logo is already in use, then we will prepare a “Use In Commerce” trademark application. If you have thought of a mark that you would like to use, then we will prepare an “Intent to Use” trademark application.

The attorneys at Weiss & Moy, P.C. will advise you as to the appropriate type of specimen to submit with your trademark application.

Every trademark application must specify the class of goods or services for which trademark protection is sought. When preparing a trademark application, the attorneys at Weiss & Moy, P.C. will assist you in determining the most suitable class (or classes) for filing.

At Weiss & Moy, P.C., we recognize the importance of moving quickly to secure your rights. That is why we are often able to prepare a trademark application for filing with the United States Patent & Trademark Office within one to two business days.

Our law firm’s fee for preparing a trademark application is typically $500 plus a $325 filing fee for one class of goods or services paid to the United States Patent & Trademark Office. For trademarks that are filed in more than one class, an additional $100 attorney fee as well as the $325 filing fee is required.

Depending on their backlog, the United States Patent & Trademark Office usually responds to trademark applications within four to seven months. In the event that the trademark application is rejected – a typical occurrence in U.S. trademark practice – the client has the option of having us amend the trademark application in an attempt to overcome the rejection and secure registration of the trademark. Our law firm’s fee for preparing a trademark amendment is typically between $200-$500 (depending on complexity).

Assuming that the mark is available, it typically takes at least one year from the time a trademark application is filed until it is approved by the U.S. Patent & Trademark Office.

If the trademark application is an “Intent to Use” application, then approval of the application results in a “Notice of Allowance.” Once a Notice of Allowance is received, within six months we must file a “Statement of Use” declaring that you have actually used the mark.

We must also submit a specimen showing such usage. Our law firm’s fee for preparing a “Statement of Use” is typically $500 (including the $100 filing fee for one class).

If you are not able to file a “Statement of Use” within six months of receiving a Notice of Allowance, then the only way to maintain a pending trademark application is to file an “Extension of Time to Use Mark” request, which gives you an additional six months to use the mark. A maximum of five “Extension of Time to Use Mark” requests are allowed after which your trademark application will go abandoned. Our law firm’s fee for preparing an “Extension of Time to Use Mark” request is typically $450 (including the $150 filing fee for one class).

If you have already used the mark after filing the trademark application, but before the application was approved, then we could file an “Amendment to Allege Use.” This is identical to a “Statement of Use,” except for the fact that it is filed before the mark has been approved by the Examiner for publication. Our law firm’s fee for preparing an “Amendment to Allege Use” is typically $500 (including the $100 filing fee for one class).

If the trademark application is a “Use In Commerce” application, or an “Intent to Use” application in which an “Amendment to Allege Use” has been filed, then you will receive a Registration Certificate upon approval (instead of the Notice of Allowance received in “Intent to Use” trademark applications where no “Amendment to Allege Use” has been filed). You can only receive a Registration Certificate if: 1) you have used your mark in interstate commerce; and 2) the U.S. Patent & Trademark Office has approved your trademark application.

Only after you have received a Registration Certificate may you use the "®" symbol. Prior to receiving a Registration Certificate, anyone may use a ™ or SM with their trade name or logo.