Our Firm : Trademarks
Welcome!
Having written the book on Branding Law, we are the world's leading experts in this exciting new field. As a specialty practice division of Goldman Law Group, focusing on trademark matters, our goal is providing quick and cost-effective solutions. Strategically-located, just minutes from the U.S. Patent and Trademark Office, our attorneys have worked with many of the leading trademark examiners, developing unique insight and understanding some of their most common tendencies. Given our combined decades of experience and close proximity, we have successfully prosecuted thousands of trademark applications and office actions, meeting with trademark examiners, lobbying for registration, obtaining invaluable information and clarification. Over the past several years we have handled matters for Hilton Hotels & Resorts, American Express, Choice Hotels, AAA, Marriott International, and countless others.
Office Actions : Pricing
After filing a trademark application, the first major challenge is the initial office action. Trademark examiners thoroughly review prior applications and registrations. For that reason, we always advise having a professional search conducted by our experienced trademark attorneys. Based on our in-depth knowledge of trademark examining procedure, we can anticipate potential obstacles to registration, crafting the applications we file for maximum success. According to some estimates, office actions are issued against 33% of all applications. However, this percentage is likely much higher for those filed directly by the trademark owner, without the benefit of experienced legal counsel.
Office actions are commonly based on certain 'informalities', such as improper specimens of use or incorrect recitations of goods/services, sometimes requiring additional International Class filings. These types of office actions typically involve a brief written response or examiner's amendment for a flat fee of just $200. Unlimited telephone and email consultation are included free of charge, with convenient credit card payment options available upon request. Likewise, simple disclaimers can be handled for as low as $99. Our turn-around time is usually just 24-48 hours, often providing same day service at no additional charge.
However, there are other instances where the office action is deemed 'substantive'. Typically, these are based on section 2 of the federal trademark statute, also known as the Lanham Act. Such responses are significantly more complex and time-consuming, ranging anywhere from $500 to $2,000 depending on the issues involved. 'Likelihood of Confusion' and 'Merely Descriptive' refusals are among the most difficult to overcome. Fortunately, we have developed several time-tested legal arguments, based on supporting trademark caselaw. Alternate strategies include submitting a distinctiveness claim under section 2(f) or filing a petition for cancellation against the registration(s) in question, thereby suspending the office action.
Typically, there is a six month deadline from the office action's mailing date, and failure to respond usually results in abandonment. So time is always of the essence. Following the initial refusal, additional office actions are commonly issued. But if a final office action requires further review, we can then take the matter before the Trademark Trial and Appeal Board.
Yes, trademark registration is an intricate process that often looks deceptively easy at the beginning when one simply applies online. But rest-assured, our experienced trademark attorneys will guide you every step of the way in navigating through this complex legal maze.
Contact : Free Consultation
Please contact us today for a free consultation to discuss the specific requirements of your office action and to receive a detailed analysis with fee quote. Or just fill out the form below.