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Practice includes filing of patent and trademark applications on behalf of individuals and companies, prosecuting the patent and trademark applications, and participating in administrative appeals and other proceedings before the PTO examiners, examining attorneys and boards. The USPTO sets its own standards for who may practice.
The USPTO charges a $275 fee for online trademark applications. The process takes about 6 months from initial application to final registration. It is a general practice to hire a trademark lawyer to file the application on behalf of the future owner. Once the application is filed, it sits in a queue for a few months.
Once a good faith determination of small entity status has been made and appropriately established with the USPTO, the lower small entity fees may be paid in the application without regard to change in status until the issue fee or maintenance fee is due. 37 C.F.R. § 1.27(g)(1).
1982: Public Law 97-247 – Establishes the patent small entity discount for all fees set by Congress and the Trademark "fence" (Trademark user fees may be used only on trademark related operations). 1990: Public Law 101-508 – A 69% surcharge is applied to all patent statutory fees. The agency becomes fully-fee funded.
A trademark classification is a way the trademark examiners and applicants' trademark attorneys arrange documents, such as trademark and service mark applications, according to the description and scope of the types of goods or services to which the marks apply. The same trademark or service may be (or in many cases MUST be) classified in ...
In comparison, for the same application with 20 claims (i.e., with undiscounted $1,600 examination fee at the USPTO) the European Patent Office would charge about $5,000, and the Japanese Patent Office would charge about $2,000. [21]
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