What you need to know when registering a trademark

The procedure for registering a trademark cannot be called simple. Therefore, customers often resort to the services of specialists, fully relying on their professionalism. The client also thinks that the hired specialist has provided him with full information on the service. But is it really so?

We apply a fixed rate for all stages of trademark registration without hidden fees, therefore, we will reveal to you the main feints of attorneys that entail a rise in the cost of services.

After checking the trademarkthe client is informed about the possibility of registering his chosen trademark with many reservations. However, the registration procedure is not particularly explained in the same way as the need to pay for every extra act of an attorney. At the same time, of course, there is no deception: a full price list for the services of an attorney can be found on his website. But who is studying such a price when they called him a specific amount for registration?

As a result, the amount for registration of a trademark at the time of receipt of the certificate can grow by 2 or more times due to “additional” services.

In order not to fall into such a trap, you need to know the minimum information about the stages of registration of a trademark and the accepted practice of pricing services of attorneys.

As you know, the process of registering trademarks involves several stages.

1. Checking trademarks for databases

At this stage, the possibility of registering the designation chosen by the client is evaluated, taking into account registered trademarks or filed applications.

The price of a trademark verification service is usually indicated separately and is charged before the registration task is accepted.

Here it must be remembered that when checking on the bases of Rospatent only registered trademarks are taken into account. Checking applications is much more expensive, but also does not give special guarantees.

2. Preparation of application documentation and its submission to Rospatent

This service is usually sold as a trademark registration. However, this is only the beginning of the journey. At this stage, the attorney only draws up the application and sends it to Rospatent.

Check if further steps are included in the price of the service you are offering.

3. Verification as part of a formal examination

At this stage, Rospatent checks the correctness of the application for registration of a trademark and the completeness of the package of documents attached to it, payment of the fee.

If errors are detected, Rospatent sends a request to eliminate them. And there is no reason to pay for additional services of an attorney, as the free passage of the audit directly depends on the quality of his work in compiling a package of documents.

4. Substantive examination of the application

Here the fun begins. At this stage, Rospatent checks for the presence of similar or identical registered trademarks or similar designations, the registration applications of which take precedence over the date before yours.

As a result of the inspection, trademarks and designations may be identified during the registration process, which, in the opinion of the Rospatent specialist, intersect with yours.

For the preparation of a reasoned answer, in most cases you will be asked to pay an amount equal to or greater than the cost of preparing an application 2 or more times depending on the "complexity" of the situation. This "complexity", of course, assesses your attorney.

You can refuse his services, but in any case pay, because:
1) You do not have the necessary knowledge and experience to answer, so you will be forced to turn to another specialist;
2) You will need to change the address for correspondence with Rospatent, as usually in the application the address of the attorney who issued it is indicated.

It is useless to argue with an attorney, as the registration order states that he only draws up a package of documents and sends it to Rospatent, and then see the price list. It is also difficult to prove that the claims of Rospatent arose in connection with a poorly conducted search or an illiterate application; In the search report and the contract of the attorney there will be numerous points of the disclaimer. And we generally share this position, because the attorney is not an insurance company to give a 100% guarantee of trademark registration.

This is a complex process and largely depends on the value judgment of Rospatent experts. Although the experience of the attorney and the ability to predict results based on it are also of great importance. Of course, there are also such performers who benefit when the client finds himself in a difficult situation and is forced to pay for an exit.

5. Making changes / clarifications / corrections to the application

This stage is optional and takes place, for example, in the case of a change in the name or address of the applicant. The attorney cannot predict the possibility of such changes. Therefore, the requirement to pay for such actions is well founded.

6. Obtaining a trademark certificate

Another interesting point: the cost of registration services does not include obtaining a certificate. This seems natural to the client, and the attorney takes advantage of the fact that at this stage you need to pay a fee for issuing a certificate. Moreover, such a certificate will come to his address. If you want to change the address for correspondence to your own, you will be asked to pay extra for making changes, plus such an action requires payment of a state fee.

As a result, when a request arrives from Rospatent, the client receives a letter from the attorney with a proposal to pay for the services of preparing the answer.

When, it would seem, all the documents are ready and Rospatent made a decision on the registration of a trademark, the attorney suggests again using its services, but already upon receipt of a trademark certificate.

Thus, 10,000 rubles announced at the first stage for the registration of a trademark actually turns into 20 thousand rubles and higher.

Be careful when choosing trademark registrants. Do not be afraid to clarify with them full information on the cost of services up to obtaining a certificate. And you will discover a lot of unexpected and interesting things!