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Writer's pictureMichael Rada

What is the Radalegal Trademark Process?




HOW WE BEGIN THE TRADEMARK PROCESS

Many times, during a consultation with a prospective client, I am asked what is the process that my firm uses to register a trademark. I thought it would be helpful to summarize this here in this blog post so that potential clients have a good idea what to expect.


The process always begins with either a telephone consultation with the potential client or a request for a trademark services quote on my website. In the phone consult, we will discuss your needs, your proposed trademarks and the business that you are in. A similar line of questions is included in the intake form that is used for website requests for a quote. Once I have all of the information that I need, I can quote a price for the services that are desired by the potential client.


If the potential client decides to move forward, they are sent a copy of my fee agreement and payment link. All of the transactions and approvals are electronic and can easily be done on your computer, smartphone or tablet. There is never a need to sign with pen and paper or scan back a document. Once I receive the initial payment, I will get started on opening your case file and begin working on your trademark case. 


OUR COMPREHENSIVE INTAKE PROCESS

Once your initial payment is made and your case file is opened, you will receive a link to our comprehensive trademark intake form. This form will ask for all of the detail needed to perform your trademark search and/or get started on your application. The form is all electronic and most state that it takes less than 10 minutes to fill out and submit.


Once your intake form is received, if purchased, your comprehensive trademark search will begin. You can expect to receive your opinion letter within 7-10 days, most of the time even quicker. After you review the opinion letter, we can set up a call to go over the report if you wish, and determine the best step forward.


Your trademark application will then be promptly entered into the USPTO trademark database, after which you will have the chance to review the application and e-sign the attestation that all of the information being provided is true and correct to the best of your knowledge. Once your approval is received, the application is submitted into the USPTO system and a serial number is assigned to your application.





COMMUNICATION IS KEY

During the entire process, communication is a key factor. You will receive email updates on your application as I receive them and all communication will be made in a timely manner. Email is the primary form of communication so be sure to check your inbox regularly.


WE FOLLOW YOUR APPLICATION EVERY STEP OF THE WAY

Once your application is filed, it will be followed every step of the way and you will receive regular updates on its status. I will not attempt to summarize the trademark application process here, but will refer to the USPTO trademark site that does a good job at describing this process.


One common question I am asked is, how long will the process take? Currently (as of August, 2021) I am seeing it take near 6 months for the initial application to be assigned to a USPTO Examining Attorney. After that, it will take another 2-3 months to receive a response by way of either an office action or communication on next steps in your application process.


TRADEMARK APPLICATION MONITORING 

My firm uses several tools to monitor the progress of your application during the application lifecycle and receives near real-time updates any time your application is updated by the USPTO Examining Attorney. Although most deadlines are six months from the time of request, I will notify you immediately of any action items and not wait to get started on responding to the USPTO request. The faster we respond, the faster we move to the next phase towards registration!


If all goes well, your trademark should reach the registration in about 14-16 months (using current timelines as of August, 2021). We will receive the paper certificate from the USPTO and promptly send it to you for you to display.


WANT TO LEARN MORE?

I hope that this post was helpful to further clarify what the trademark application process looks like at my firm. If you are interested in learning more and want to get started on a trademark search or trademark application, I invite you to contact us that we can get started.

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