A. Prior to registering a trademark or service mark, you MUST obtain a QUALIFIED/COMPETENT SEARCH! You will probably intend to investing a lot of money in marketing your product or service, so the last thing you want is to spend thousands or millions of dollars only to find out that the mark you have cannot be continued, or worse - is infringing someone else’s mark. You may be liable for the opposing side’s attorney fees in addition to your own, any lost profits, injunctive relief preventing you from selling and statutory remedies (remedies based on the law in addition to actual damages). However, there are even more important reasons why you MUST perform a Qualified/Competent search. If you successfully register your mark, use it for 8 years and then find out someone else is the owner, your trademark may be cancelled! By performing a comprehensive search reviewed by an attorney, you can avoid these expenses and damages.
A. As of November 30, 2004 the filing fee is $335.00 per class. There are over 42 classes and your mark may need to be classified in more than one class.
A. After your mark is registered, you may use the ® symbol. Once it is registered, you must continue to use the ® symbol. Failure to continuously use the ® symbol will lead to termination/abandonment of your mark and the rights you have accrued.
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