What is TotalTM?

TotalTM by EmergeCounsel is a process-driven and budget conscious service that provides our clients with the maximum amount of trademark protection at a reasonable rate. TotalTM combines flat fee pricing, experienced legal analysis, and top of the line search technology.

DISCLAIMER:

Our goal is to work efficiently to ensure the best possible outcome for our clients. The entire trademark process takes a minimum of 8 months. Processing time is dependent on the USPTO and can take longer. EmergeCounsel does not guarantee results or outcomes.

Step 1

UNDERSTAND BUSINESS AND BRAND

We offer a free initial consultation to understand our clients’ entrepreneurial needs and do a complimentary “knock out” search to determine if a trademark is feasible.

Step 2

ENGAGE

After the consultation, if it is agreed a trademark is appropriate, EmergeCounsel and client will engage through a written flat fee agreement.

Step 3

COMPREHENSIVE SEARCH

The EmergeCounsel legal team utilizes sophisticated software to search the USPTO and common law databases. This process determines if the trademark is at risk to cause confusion with another mark or has other issues.

Step 4

ANALYSIS AND RISK MITIGATION

EmergeCounsel attorneys analyze the search to mitigate risk. Clients are provided a customized strategy and detailed search results.

Step 5

APPLICATION PREPARATION AND FILING

We work with our clients to personalize a description of the goods/services of the trademark and place them in one (or more) of the 45 International Categories used for trademarks. Once a description is mutually agreed, we prepare and electronically file the trademark application with the USPTO.

Step 6

TRACKING AND ADVOCACY

Using docketing software, we monitor the status of our clients’ trademark application daily. EmergeCounsel attorneys address technical issues as part of the TotalTM flat fee. Substantive issues, such as likelihood of confusion etc., are carefully reviewed to determined cost of briefing and potential for success.

Step 7

REGISTRATION PROCESS

Publication and Opposition

Once approved by the Trademark Office, the application will publish in the Official Gazette. During the thirty day publishing time, if an owner of another mark believes our client’s trademark would negatively affect their trademark rights, they can file an opposition to the trademark application. This can result in litigation, time delay and additional costs. If there is an opposition to our clients’ application, our attorneys will reach out at no additional cost to discuss options.

Allowance

If the mark filed is not yet in use, a Notice of Allowance will issue. We track relevant dates and collaborate with our clients to assemble proper specimens showing use within the statutory timeframe. Once an acceptable Statement of Use is filed, the mark will proceed to Registration.

Registration

The application has completed the process and the mark has registered. Upon registration, the USPTO will issue a Certificate of Registration with a unique serial number. Our clients receive their certificates in a tracked and insured package.

Step 8