Just want some general information on the above
Hi Rosemary – I’m not sure myself, but I can recommend you contact: Sharon Daboul at MW Trade Marks (European Trade Mark Attorneys): Sharon@mwtrademarks.com. She will be able to advise you.
4 Bloomsbury Square
London, WC1A 2RP
Tel: + 44 0 207 745 7377
Fax: + 44 0 207 760 7078
You have two options to protect a trade mark in the United States. First of all, you can simply file an application at the United States Patent and Trademark Office (USPTO) – or more particularly get a US trade mark attorney to do this for you. If you use a UK firm of patent and trade mark attorneys (like my firm, Serjeants LLP), we would instruct the US Trade Mark Attorney on your behalf and act as an intermediary. You would deal directly with us and we would make the necessary arrangements for you in the US. The cost depends on how many different products you want the trade mark registration to cover, but a ballpark figure would be about £1200 plus VAT. I would need more information from you before I could give a better estimate.
The second option is to file an International trade mark application (sometimes called a Madrid Protocol application) which covers the United States. This approach can be very useful if you also want to try and protect the trade mark in other overseas countries at the same time. One problem is that you need to have a registration (or pending application) in the United Kingdom or the EU before you can use the Madrid Protocol system. Once again, the cost will depend on the range of products that you want to protect (or in trade mark terms, how many "classes" of goods and services you need to include) and also on the particular countries you choose.
Feel free to get in touch if you want to discuss in more detail.
I am a UK lawyer now practising in California and regularly work with UK businesses expanding into the US market. The steps involved in a trademark registration in the US include an initial search (which is not essential but is often recommended to identify if there are any competing marks), the approximate cost of which is $400-600. After a search (assuming that it does not show a competing mark), a federal trademark application is prepared, fees for which are generally in the region of $750 plus filing fees ($325 for the first class of goods or services, and $325 for each additional class). Any addional work is often charged on an hourly basis.
Please feel free to contact me direct with any additional questions.