Legal Question in Intellectual Property in Illinois

Re: Trademark cost

Without seeing the "stuff" and knowing whether you are actually using the marks in commerce or if you'd need to file what's called an "intent to use" application, I can't give you a definitive answer, but as a ballpark, the current USPTO fees for a mark in one class of goods/services is $325. If the application(s) is an intent to use application, then there are additional USPTO fees associated with the application.

Attorney fees are additional and the amount will depend on if your attorney bills by flat fee (which I do) or bills by the hour.

Your mark is protected from the moment the application is filed. A trademark application can take up to a year or more to proceed to registration; however, as I said, your mark is protected from the moment you file your application.

I hope this helps!

Re: Trademark cost

Laura is correct. If you are currently using the marks in commerce, you have what is known as common law rights to your trademarks--meaning you have some protections. If you haven't began using them yet, you'll only be able to file an intent-to-use application. You won't be able to get a full registration and thus full trademark protection until you can prove bona fide use of the marks in commerce.

It sounds like you might have several trademark applications, too: 1) the name by itself; 2) the logo design; and 3) slogan. Each one of those will be a separate registration and so a separate fee.

Good luck!

DS

Re: Trademark cost

In terms of government filing fees it depends on which government we are talking about. The State of IL filing fee is only $10 (however, they offer little protection). The US Patent and Trademark Office charges anywhere from $275-375 (depending on how the application is filed). In terms of the application process, it generally takes around a year, but after around 4 months your application will be reviewed...this review is really the best indication if your mark is protectable...if rejected at this time you may not have any protection...if accepted then your mark could be protected as of the filing date or the date you started using the trademark in commerce. But there are a lot of questions one must ask you in order to properly answer all the questions. In terms of attorneys costs, they can often range from $400 to $2000...online services can be less expensive, but you dont get an attorney filing for you. Good luck, Justin

Re: Trademark cost

All of the other answers are good. I would just add that depending on how you use the slogan, it may not be a trademark at all.

The name of the product and the logo for the product identify the source of the goods, which is the purpose of Federal trademark protection. An advertising slogan used in connection with a product is often simply part of an advertising campaign.

There are certainly plenty of slogans that have been accepted for registration as Federal trademarks, but you will need to make sure that you are using your slogan in a manner that constitutes a trademark.

Re: Trademark cost

The U.S. Patent and Trademark Office would charge a $275.00 filing fee to file an application to register a trademark for "board games" or "card games" for example. If the mark is not in use at the time of filing, you would incur additional filing fees to request extensions of time to submit proof that the mark is in use and to submit proof of that use to that Office. The benefits accorded by trademark registration commence when that Office issues that registration and it takes approximately a year to obtain a registration assuming that the mark is in use on product at the time that the application is filed and no objection to that registration is raised by that Office.

It is recommended that you conduct a search to confirm that your game name, slogan and graphic is available for your use, that it is not already in use on games or toys prior to your adoption and use of that name, slogan and graphic and prior to filing an application to register that mark. There are outside vendors that can conduct that search on your behalf or you can retain an attorney who specializes in trademark law to conduct that search and interpret its results.

THE ABOVE ADVICE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP. IF YOU HAVE QUESTIONS REGARDING ANY MATERIAL PRESENTED HEREIN, I RECOMMEND THAT YOU CONSULT AN ATTORNEY. THIS INFORMATION IS BEING PROVIDED BY AN ATTORNEY IN ACTIVE PRACTICE IN THE STATE OF ILLINOIS AND CURRENTLY HOLDS AN ACTIVE LAW LICENSE IN THAT STATE ONLY.