PatentTrademarkBlog

IP Checklists Designed by an IP Attorney

Start Protecting Your IP

Protecting your IP does not have to be confusing. This is a simple guide to help you filter out the noise and focus on the basics. If you need to consult with an IP attorney, make sure to talk to a registered patent attorney who is licensed to practice before the US Patent and Trademark Office.

See our helpful IP checklists below to get started in protecting your patents and trademarks. Make sure to check our flat rate patent and trademark attorney’s fees.

Need to file a patent or trademark for a fixed fee? Call US patent and trademark attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore working with us.

How to Start Your Trademark Application

How do you start a trademark application? If you have the flexibility to pivot to a new mark, then a knockout search may make sense. A trademark search would be less helpful if you have started using your mark and have little flexibility to change.

Trademark Checklist

  • Avoid Descriptive Words: Is your mark too descriptive of your goods and services? Recognize the risk of a merely descriptive rejection.
  • Trademark Search: Is your mark too similar to other registered trademarks? Consider a knockout search to assess the risk of a likelihood of confusion rejection.
  • Actual use or Intent-To-Use? Have you already started using the mark to sell your products or services? If not, consider filing an Intent-To-Use application where no dates or evidence of trademark use (specimens) are required upfront. Note that an ITU application will incur additional costs for the subsequent submission of specimens of use.
  • Number of Classes of Goods or Services: The number of classes of goods or services will determine the cost of filing your trademark application. We can help you determine the number of classes when you send us your list of goods and services.
  • Dates of First Use and Specimens: If your trademark application is based on actual use, be prepared to provide the dates of first use and specimens of use.

Trademark Costs and Timing by IP Attorney Vic Lin

For our flat trademark filing fees, see our Trademark Cost Section.

Time for knockout search: 1 to 3 business days.
Time for preparing trademark application: 1 business day.

To get started on your trademark application, fill out our Trademark Form below.

Request a Flat Rate Estimate to File Your Trademark Application
After submitting the form below, we will let you know if we can assist and, if so, the cost estimate for filing your trademark application.

Is the trademark owner an individual or company?*

Is the trademark owner an individual or company?*

The Applicant is the trademark owner.

Clear selection
Individual Applicant
Tell us about the individual who owns this trademark

Full Legal Name of Individual*

Full Legal Name of Individual*

Please type your legal name, including full first name and last name.

Clear selection

Citizenship*

Citizenship*

Clear selection

Residence Address (can be kept private)*

Residence Address (can be kept private)*

Please provide your residence address. If you wish to keep this private, please answer the next question to provide a different mailing address.

Clear selection

Mailing Address if different from residence address

Mailing Address if different from residence address

(if you wish to keep residence address private)

Clear selection

Email*

Email*

Clear selection
Company Information

Company Name*

Company Name*

Please be exact in company name, including any commas and periods

Clear selection

Type of corporate entity*

Type of corporate entity*

(e.g., corporation, limited liability company, etc.)

Clear selection

State of Incorporation (or Country of Incorporation if foreign entity)*

State of Incorporation (or Country of Incorporation if foreign entity)*

(e.g., corporation, limited liability company, etc.)

Clear selection

Name of Officer authorized to sign on behalf of the Company*

Name of Officer authorized to sign on behalf of the Company*

Provide full name of officer

Clear selection

Title of Officer authorized to sign on behalf of the Company*

Title of Officer authorized to sign on behalf of the Company*

Do not state "Owner" or "Founder." Please use an official corporate title.

Clear selection

Physical business address*

Physical business address*

No PO Box, mailing center or registered agent's address (this can be kept private if you have a separate mailing address)

Clear selection

Mailing Address if different from Physical business address

Mailing Address if different from Physical business address

(if you wish to keep physical business address private)

Clear selection

Email address of officer*

Email address of officer*

Clear selection

Email address of primary contact person*

Email address of primary contact person*

Clear selection
Trademark
This is where we gather some information about the trademark you wish to register

What is your trademark?*

What is your trademark?*

Please identify your mark

Clear selection

As an alternative, please let us know if you have a second mark that is similar to your first mark

As an alternative, please let us know if you have a second mark that is similar to your first mark

Please identify a second mark that would be your second choice. Do not identify a completely new mark here. For a completely new mark, please complete and submit another Trademark Form.

Clear selection

Do you want to file for a word mark or design mark?*

Do you want to file for a word mark or design mark?*

Word mark covers the wording without regard to any design. If design mark, email a black-and-white JPG file to processing@icaplaw.com and omit any TM and circle R symbols.

Clear selection
Design Mark
You can apply for a mark with stylized lettering, graphic design or any other design features. Please note that your usage must exactly match your design mark as shown in your trademark application.

Please email a black-and-white JPG or PDF file of your design mark to processing@icaplaw.com*

Please email a black-and-white JPG or PDF file of your design mark to processing@icaplaw.com*

Please omit any TM and circle R symbols

Clear selection
Filing Basis: Actual Use or Intent-To-Use (ITU)?
Have you already sold goods or services under this trademark?

Have you already sold goods or services under this mark?*

Have you already sold goods or services under this mark?*

Clear selection
Actual Use: Goods and/or Services
All goods and services are categorized under 45 different USPTO classes. Your trademark filing cost will be based on the number of classes of goods/services.

Please identify all goods and/or services currently being sold or provided under your trademark*

Please identify all goods and/or services currently being sold or provided under your trademark*

Make sure your identified goods have already been sold and shipped. For services, make sure that you have already provided such services in connection with the trademark.

Clear selection

What was the date you first sold or provided your goods or services under this trademark?*

What was the date you first sold or provided your goods or services under this trademark?*

Identify the date when your goods or services were first sold or provided showing the trademark.

Clear selection
Intent-To-Use: Goods and/or Services
Here you will identify all goods and/or services you intend to sell under the trademark

Please identify all goods and/or services you intend to sell or provide under the trademark

Please identify all goods and/or services you intend to sell or provide under the trademark

Please note that you cannot add to this list after the application is filed. You can only delete items. Be realistic about what goods or services you genuinly intend to sell in the following year or so.

Clear selection

Do you understand that an ITU application will have a future cost for submitting evidence of use at $600/class?

Do you understand that an ITU application will have a future cost for submitting evidence of use at $600/class?

Clear selection
USPTO Knockout Search
For an additional fee, we can search live USPTO trademark registrations and applications for highly similar marks

Do you want us conduct a knockout search of your word mark at an additional cost of $650 per class?*

Do you want us conduct a knockout search of your word mark at an additional cost of $650 per class?*

For a word mark, we can conduct a textual search of the USPTO trademark database for highly similar trademarks which would present a high risk of rejection. Our firm does not do any visual searches (e.g., design marks, graphics, logos, etc.).

Clear selection

How to Start Your Design Patent Application

Before you start this IP filing, make sure you understand that design patents protect the ornamental appearance of your product. A design patent protects how your product looks. Utility patents protect how products work. If your product has any unique functional features, consider a utility patent application as well.

Design Patent Checklist

  • Ornamental vs. Functional Features: Make sure you want to protect how your product looks.
  • Any prior public disclosures? Make sure your design has not been disclosed to the public or sold more than a year ago. US patent law provides inventors with a 1-year grace period. Foreign patents might be unavailable if your design has already been publicly disclosed.
  • Rocket Docket: It takes about 2 to 3 years to get a design patent. You can speed up examination by filing a Rocket Docket. In most cases, you will obtain your design patent in less than one year. A Rocket Docket request will require a prior art search and incur extra costs for the search and additional USPTO fees.
  • 3D file or photos? It’s best to provide a 3D file of your product, such as a STP or CAD file. If you do not have a 3D file, be prepared to send photos of your product from the required views (front, rear, top, bottom, left and right).

Design Patent Costs and Timing by IP Attorney Vic Lin

For flat fee design patent costs, see our Design Patent Cost Section.

Time for design patent drawings: 5-8 business days.
Rocket Docket prior art search: 3-5 business days.
Time to prepare and file a US design patent application: about 2 weeks

To get started on your design patent application, request our Design Patent Form.

How to Start Your Utility Patent Application

Of all IP rights, the utility patent application process is arguably the longest and most expensive. That is not to say you should avoid utility patents. Just recognize what you’re getting into when you start this IP filing.

Utility Patent Checklist by IP Attorney Vic Lin

  • Have you already publicly shown your concept? Make sure your concept or product has not been disclosed or sold to the public for over a year. You have a 1-year grace period from the earliest date of public disclosure to apply for US patents. Any publicly disclosed concepts might be ineligible for foreign patent protection.
  • Patentability Search: Novelty searches are optional. There are pros and cons to searching the prior art before filing a utility patent. Pros include a better idea of what already exists and where to focus your claims. Cons include the additional costs and time for doing the search, as well as the duty to inform the USPTO of known prior art references.
  • Invention Disclosure: You do not need to use any particular form, but you do need to provide a written description of your invention.
  • Drawings: Unless you plan to file a chemical patent application, be prepared to provide visuals that help the patent attorney to visualize your concept.
  • Provisional or Nonprovisional: Are you ready to file the regular utility patent application known as the nonprovisional? If not, do you want to start by filing a provisional patent application (PPA)? Keep in mind the 12-month deadline to upgrade your provisional to a nonprovisional.
  • Budget: We provide flat rate estimates for drafting and filing your utility patent application. This initial filing estimate does not include subsequent costs such as Office Action responses, which most likely will arise.
  • Ongoing Prosecution: 90% of utility nonprovisional patent applications will receive at least one Office Action. Unless your application is expedited, expect Office Action rejections at about 1.5 to 2 years from your nonprovisional filing date. Office Action responses range from $950 to $3,500 depending upon the specific rejections. Here’s a rough estimate of how much a patent costs from start to finish.

Utility Patent Costs and Timing

For flat rate utility patent costs, see our Utility Patent Cost Section. To request a flat fee estimate for filing your utility patent application, call US patent attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore protecting your concept.

The cost of drafting and filing a provisional patent application is about 50% of our nonprovisional initial filing estimate.

Time for filing a utility patent application: about 3-4 weeks

To get started on your utility patent application, request our Invention Disclosure Form.

Need to expedite your provisional or nonprovisional filing? Ask us about filing your utility patent application in a shorter amount of time at no extra cost.

How to Choose an IP Attorney

At some point along the way, you may realize that it would be wiser to work with lawyers who specialize in patents and trademarks. Doing so might save you time and money. Here’s a guide on how to choose the right patent attorney.

Want to work with the IP attorney that other lawyers call?

Strong IP rights. Flat fees. Clear and prompt communications. Let us show you why other lawyers call Vic Lin when they need an IP attorney who knows how to protect patents and trademarks. Call US patent and trademark attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore working with us.

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Vic Lin
We align ourselves with Davids fighting Goliaths. 800+ US patents granted and 500+ trademarks registered. Let's get to work on your IP. Flat rate patents. Email any competitive quotes or concerns about working with us. vlin@icaplaw.com | (949) 223-9623 | LinkedIn

US Patent Attorney Vic Lin

800+ Patents Granted
  91% Design Patent Approval Rate 

500+ Trademarks Registered
  83% Trademark Approval Rate

Innovation Capital Law Group

Innovation Capital Law Group ranked as a:
Top US Design Patent Firm 
Top US Utility Patent Firm

Email: vlin@icaplaw.com
Call: 949-223-9623

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