What is a trademark?
A trademark is any word, name, symbol or device or combination thereof an entity usesor intends to use to identify and distinguish the entity's goods from those of others, and to indicate the source of the goods. A service mark is the same thing except it identifies a source of services. The term ‘mark' is used to collectively refer to trademarks and service marks.

How are trademark rights obtained?
Trademark rights are obtained by using the mark in commerce. A trademark that is used without a federal registration may include the TM indicator to denote that the user is claiming common law trademark rights. Similarly, the SM indicator can be used for a service mark that is not federally registered. Federally registered trademarks use the ® symbol to denote that a federal registration has been obtained.

What is a federal registration?
A federal registration is obtained from the United States Patent and Trademark Office (USPTO) in Washington, D.C. The federal registration includes a description of the mark, the owner of the mark, and identifies the goods/services with which the mark is used. Goods and services are divided
into several classes, depending on the type of goods/services being described.

Why pursue a federal registration of my mark?

• The use of a mark without a federal registration provides only limited geographical coverage, may lead to the loss or limitation of trademark rights, and may increase exposure to potential liability for infringing the trademark rights of others.
• A first user of a mark, who obtains a federal registration, is afforded nationwide protection for the mark when it is used in conjunction with the goods/services identified in the registration even if use is not nationwide.
• A federally registered mark provides constructive notice to others that the registrant has rights in the mark.
• A federally registered mark provides a presumption of the mark's ownership and validity.
• A federally registered mark can be used to establish rights in a worldwide web domain name, should a dispute arise.

Search & Opinion
HW strongly recommends having a trademark search and opinion conducted before using a new mark in commerce, or applying for a federal registration. HW partners with professional search companies that specialize in such searches. Generally, the search includes a database search for the mark in English and other languages in (1) the United States Patent and Trademark Office records, (2) the Internet, (3) commercial databases, (4) state registers, and (5) common law usage. After the search is conducted, an HW attorney prepares a detailed written opinion regarding the availability for use and/or the likelihood of obtaining a federal registration for the mark.

Estimated Cost for Trademark Search and Opinion: $_____ .

Retainer required to begin work: $ _____.

Trademark Application
HW will prepare and file a trademark application with the USPTO. Thereare two types of applications:

a)bona fide intent to use (ITU) for marks that are not currently being used in commerce; or
b)actual use for marks that are currently being used in commerce.

Estimated Cost to File an Application: $_____ for one class. This fee includes the government filing fee that is currently $_____ per class, but not drafting services or disbursements. Where a draftsman is required to prepare a logo or drawing, an additional charge of $_____ is required.

Retainer Required To Begin Work $_____ . Any balance is due prior to filing.

Prosecution
After the application is submitted, it will be reviewed by an Examining Attorney at the USPTO. The Examining Attorney may send an "Office Action" letter in which the application is "rejected" or "objected to." When an Office Action is received, HW will forward a copy of it to you and provide recommendations for responding along with a cost estimate.

Typical Cost per Response: $_____ .
In some instances, further prosecution may be necessary, such as an appeal to the Trademark Trial and Appeal Board. Costs vary, and an estimate can be given based on the situation.

Statement of Use
If the application is an ITU, a Statement of Use or an Amendment to Allege Use must be filed (once the mark is in use in commerce) to obtain federal registration.

Estimated Cost to file: $_____ for one class. This fee includes a government fee currently set at $_____ per class.

Publication
Once the Examining Attorney approves the application, the mark is published in the Official Gazette of the USPTO for public review. During a 30-day period following publication, third parties are given an opportunity to oppose issuance of the registration, by initiating an "opposition proceeding." Assuming no opposition occurs, a registration for the mark will issue.

Maintaining a Federal Registration
After (5) five years of continued use, the owner of the federal registration must file an Affidavit of Use (commonly called a Section 8 affidavit) to maintain a valid federal registration. Failure to file this affidavit will result in abandonment of the registration. In addition, the owner may be able to file a Affidavit of Incontestability (commonly called a Section 15 affidavit) that affords additional rights to the owner. Incontestability status for a mark extinguishes most grounds for cancellation of the registration. These two affidavits are frequently combined into one filing.

Estimated Cost to file Section 8 and 15 affidavits: $_____ for one class. This fee includes a government fee currently set at $_____ per class for a Section 8 affidavit and $_____ per class for a Section 15 affidavit. Reminder notices for these affidavits may be docketed, free of charge, upon request.

Foreign Trademark Rights
A U.S. Federal Trademark Registration does not create any rights in foreign countries. Accordingly, foreign rights can only be obtained with the filing of foreign applications. Priority to an earlier U.S. application can be claimed if the foreign trademark application is filed within six months of the U.S. application. HWpartners with various foreign agents to handle foreign filings. Estimates for filing in foreign countries can be obtained upon request.

Policing Your Trademark Rights
HW provides complete services for policing and enforcing your trademarks rights. Such services include "trademark watch services," "cease and desist" letters to potential infringers, and formal litigation services. Estimates can be obtained for these services upon request.

Disclaimer
Many of the fees quoted in this document include government fees that are adjusted annually by the USPTO. In addition, HW partners with other professional companies to provide some of the services quoted. Therefore, HW reserves the right to adjust these quoted fees in response to adjustments in the government fees and professional partner fees that are charged to HW.

Confidentiality

Hoffman Warnick LLC shall not sell, use, or disclose the ideas submitted by the client without the client's prior written permission.