Why should I use Complete Trademarks as opposed to other trademark service providers?

Complete Trademarks is staffed by three intellectual property attorneys who are available to counsel you. We are a service of Muskin & Cusick LLC, an intellectual property law firm located in the Philadelphia area. Further, some other trademark firms may have an attorney on staff, but the work is done mostly by paralegals. With Complete Trademarks your work is performed by an attorney. Also, when we perform a trademark search, we cover Federal, state, common law, domain name and other databases all at once, rather than searching (and billing) piecemeal. A search and opinion should be based on all available sources.

Aren't there cheaper alternatives?

There are some companies that are not law firms that will “help” you with your trademark.  It is our experience that companies who charge $99 or $199 do not provide comprehensive analysis by an attorney.  Only an attorney can represent you before the United States Patent and Trademark Office in trademark matters.  If you are not represented by an attorney, you will have to respond to correspondence and office actions yourself, or you may find that you need an attorney mid-process.

Can I apply for registration of my trademark/service mark myself?

Yes. However, there are many legal pitfalls that one can fall into if you try this approach (for example the proper description and classification of goods). The USPTO even states that, "it may be desirable to employ an attorney who is familiar with trademark matters. An applicant must comply with all substantive and procedural requirements of the Trademark Act and Trademark Rules of Practice even if he or she is not represented by an attorney."  The application fee of $325 is non-refundable.  It is important to submit a correct application as some parts of the application cannot be changed.

What if I want to file the application without performing a search?

We do not recommend this. While there is no express legal requirement that a proposed mark be searched for possibly conflicting marks before a person applies for a federal registration, rights in a trademark generally belong to the first person to use it (or in some cases to the first person to apply for the mark in an intent to use application). Failure to have a competent search before adopting a trademark may raise a question of bad faith and justify an award of attorney's fees. Therefore it is unwise to adopt and use a mark unless one is reasonably sure there are no prior users of a confusingly similar mark. An opinion letter signed by a competent attorney serves as evidence that you performed your due diligence.

Some companies offer a Federal "knock out" search. Is this a good idea?

This only checks for Federal registrations. A trademark search should be based on all available sources. Wouldn't you want to know if your mark (or something similar) is being used ANYWHERE in the country and how it is being used? If you begin using your mark and another party has been using the same (or a confusingly similar) mark even though they didn't register it, you still may eventually hear from their lawyers. A comprehensive search should reveal prior uses. We always search Federal, state, and common law databases.

Can I call Complete Trademarks with questions about my mark or related issues?

Yes! Once we have an attorney-client relationship, you are free to call and ask the attorney working on your file legal questions you may have related to Federal trademark matters.

What are your prices?

See our prices / registration. A comprehensive search, opinion letter, and trademark application is $600. The USPTO also charges an additional $325 filing fee per class.

Why do you charge a flat fee? Don't attorneys typically bill by the hour?

We prefer to charge a fixed fee wherever possible. This encourages client communication (clients are not afraid of "running up the bill"), and this presents no surprises at a later time. In some cases (for example preparing an appeal before the TTAB), a fixed fee may not be possible (because the time required varies greatly) and charges by the hour can then be arranged.

OK, you guys sound great, but I'm still reluctant to hire an attorney without meeting face to face, or provide my credit card number online.

You can check our BBB online listing, and our ranking by Trademark Insider. We have clients throughout the country, and our work is primarily conducted by telephone and via email. Our order form uses state of the art encryption and your matter is kept in strict confidence. Hiring a lawyer is an important decision. We invite you to give us a call and compare what you find to other law firms.  Click here for contact information.

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