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If you do not have any questions at this time and are ready to move forward, you can go ahead and fill out our Intake Form.  Click the “I’m Ready to File” button below.  If you prefer a document version, please email info@sladlaw.com to request a Word document version of the Intake Form.

If you do have questions or would like to know more about the trademark process and our Firm, please read this full section as many general questions are answered, including the fees, as well as a general timeline of the process.

As a part of the process, we include a complimentary preliminary search. In addition, we will provide an initial review of your mark as to whether there are potential risks that could result in an Office Action refusal. The comments are given before you are required to pay and will help your business make a decision on whether to move forward with the trademark filing.

First, some important information about gaining early access to Brand Registry:

1. You must file your U.S. Trademark Application through an IP Accelerator Attorney. If you have already filed an application, we are unable to submit your brand through the IP Accelerator program. However, many of our clients are opting to re-file with our firm to obtain early access.
2. Brand Registry is available for products that are currently for sale, online or offline. Brand Registry is not currently available for services. You may file a trademark application for products not currently for sale, but please note there are additional fees involved.
3. Your listed store/brand name will eventually need to be identical to the words included on your trademark application.
4. If filing an in-use application, you must be able to produce images of the products or the product packaging bearing the trademark. This will be required for Amazon and the U.S. Trademark Application.
5. By using our Firm for your trademark application, you will be invited to register the brand with Brand Registry within approximately seven (7) to fourteen (14) business days after filing – as compared to waiting for the trademark application to register (e.g., six months to a year).

For additional questions on Brand Registry eligibility, please consult: https://brandservices.amazon.com/eligibility.

The legal and filing fees associated with filing a U.S. Trademark Application are based on how many classes of goods are covered in the application; in other words, the cost will vary depending on the types and variety of products you are selling on Amazon.

For a one-class in-use application, our fee starts at $1,050, including USPTO filing fees. Additional classes start at $250 for the second class or $350 for each class above two.

For a one-class intent-to-use application, our fee starts at $1,600, including USPTO filing fees. Additional classes start at $350 for the second class or $525 for each class above two.

Are there any hidden or additional fees?

While there are no hidden fees, you may incur additional fees if additional work is required. This includes:

• Receiving an Office Action that requires a response;
• Receiving a demand letter from a third party; or
• Receiving an Opposition filed by a third party.

If additional work is required, we will provide you with a proposed budget up front for the work, and you will not incur any further costs without your express approval and receipt of the additional retainer.

Can you provide a discount?

No. Our fees for the Amazon program are already heavily discounted and governed by our Firm’s agreement with Amazon. These fees may not be further discounted.

How can I pay?

For payments, we accept PayPal, wire transfer/ACH, or you may mail a check.

Can I break up the payment, or is everything due up front?

Payment in full is required up front. However, if you need to break up your payment into multiple installments, or pay with multiple cards through PayPal, you may do so. Please keep in mind that we cannot file the application until payment is received in full.

Can I receive a refund if my trademark application is refused?

Once the trademark application is filed, a large portion of the retainer is used up and may not be refunded. However, if you have a remaining retainer balance and your trademark application is refused, we will return any remaining funds to you.

Intake

When you are ready to file, please fill out the Intake Form.

Once we receive your Intake Form, we will typically evaluate your trademark, perform our complimentary preliminary search, provide feedback, and send an Engagement Letter (assuming everything is ok and there are no conflicts) within 24 hours.

The next part is on you – you must confirm all of the information, sign the Engagement Letter, and send your retainer payment (via Paypal, wire, or check).

Filing & Brand Registry Enrollment

Once we receive everything, we will file the application in 24-48 hours (not including weekends).

After we file the application, we will send you a confirmation email. This email includes your Serial Number (which is required for Brand Registry Enrollment) and outlines the steps for self-enrolling in Brand Registry. Amazon asks that you wait about a week to file for Brand Registry after the application is filed.

After Filing

After filing, your trademark application must go through the standard examination process at the Trademark Office. This may take anywhere from 8-10 months to several years.

The initial evaluation is typically done about 8-10 months after filing. At this time, the Examining Attorney assigned to your application may move your application forward in the process or, if there are issues with your application, issue an Office Action.

1. What is a trademark?
   A trademark is a word or design that helps identify your brand. This may include your brand name, company name, product name, mascots, logos, slogans, and more!
2. Can I apply with a logo?
   Yes, absolutely! Applying with a logo can be a great strategy for some trademark applications and is an excellent way to protect your brand. However, there are a few reasons why a logo could cause issues for your Brand Registry enrollment.The Trademark Office requires all wording and symbols in a mark to be included in the “literal element” of the mark. So, if your logo includes additional wording or does not include your brand name, this could cause issues when your Brand Name on Amazon does not match up to the “literal element” of the trademark application. Your logo must contain your brand name and should not include additional wording or symbols (e.g., !, @, #, $, %, &, etc.).
3. What is a class?
   Classes are pre-determined categories from the Trademark Office. Each good or service in existence has been placed into one of the 45 classes created by the Trademark Office. For example, most apparel items fall into Class 25, while most tech-related items and accessories are in Class 9.You do not have to list which classes your goods fall into on your Intake Form – we can handle this for you. If you want to know beforehand which class(es) your goods fall into, you can search here.
4. What is an in-use application?
   An in-use application may be filed when you are already using your mark in connection with your goods. This means that you have already made sales in the U.S. of the goods claimed in the trademark application. The goods must have your mark located somewhere on the product and/or packaging to show that the goods belong to your Brand and are not just generic goods.
5. What is an intent-to-use application?
   An intent-to-use application may be filed when you are not already using your mark in connection with your goods (e.g., if you are not already selling goods or if your goods do not yet have your mark on the product and/or packaging).
6. I want to apply for a general trademark. Why do I have to specify the goods that I sell?
   The Trademark Office does not allow you to apply for a general trademark, covering all goods and services. Each application must include the specific goods that you sell using your mark. However, it is important to note that Amazon does not require that you apply for every good that you intend to sell. So, if you sell hundreds of items and only want to pay to register for one class, you can still include other items under the same Brand on Amazon. Including all products that you sell will provide your brand with the best protection but is not required.
7. What is an Office Action?
   An Office Action is a refusal of your trademark application from the Trademark Office. Receiving an Office Action does not mean that your trademark application will not be registered. In many instances, Office Actions are issued for simple issues that can be fixed quickly. However, substantive issues (such as confusion with another trademark, or your mark being descriptive of your goods) may be difficult to overcome.When we receive an Office Action, we will have at least one opportunity to argue against it. Please note that Office Action responses generally require an additional retainer payment.

If you still have questions, please contact us at info@sladlaw.com.