Trademark Law

There is much more involved in a trademark application than you might think. We encourage you to contact an experienced trademark lawyer Jason Machnik at Herbert Machnik Law Firm to discuss trademark protection.


Not all trademarks are equal under the law. There is a hierarchy in trademark law that includes the following categories:

  • Fanciful trademarks, made up words that have no connection to the product, are given the highest level of protection with the greatest scope.
  • Suggestive marks are given the second highest level of protection. These marks suggest a quality or feature of the product, but do not describe the product.
  • Descriptive marks describe the product and are given much less protection.
  • Generic marks are given no protection at all. Generic marks are words that are the same as the common name of the product.

Hence, the selection of the mark is the key first step in a legal process that many businesses treat far too casually.

Trademark Applications: Strategies and Steps

There are many strategies for filing and prosecuting a trademark application. The strategies are generally not complicated, but if you have never played the game before, you can end up obtaining an education in trademark law at the expense of your trademark rights. Simply obtaining the registration is not proof of success. The real measure of success comes with evaluating the scope of protection granted by the registration, because not all registrations are of equal value.

Trademark Availability Search

The cost to conduct a trademark availability search is $695, which includes a complete search of all federal and state registrations and pending applications, a search of common law rights, and an oral opinion concerning the availability of the proposed mark. The total cost for filing a trademark application is $750 per mark per international class, which includes the government filing fee. If the trademark is a logo, we may need to engage a draftsman to prepare the logo in conformance with Trademark Office drawing rules, which usually costs an additional $60 to $90.