Trademark Registration
If your department or program is interested in pursuing a federal registration for a program/product name and/or logo, send an email to licensing@auburn.edu with responses to the Trademark Registration Questionnaire (see below).
College/Department Responsibilities
There is a cost to file an application and maintain the registration with the USPTO which will be paid by the department registering the mark. Our office requires the use of the Dentons Sirote law firm to handle all registrations with the USPTO and all follow-up and maintenance. In order to maintain the registration, you will have to prove that you are still using the mark between the fifth and sixth years of the registration. Registrations are valid for ten years and then renewable for additional ten year periods as long as you are continuing to use the mark. Also, you will be required to enforce your marks from third parties who use it without your permission in order to maintain the rights you have. Cease and desist letters and sometimes litigation will be necessary to ensure that you are fulfilling your obligations as required by the USPTO.
Cost Estimates for federal registration:
- Application filing fee for one class: $224-$275 per class
- Attorney fees for filing the initial application/paperwork: $800-$1200/mark
* additional fees could be assessed if the examiner issues an office action - Full trademark search: $1800-$2000 (search company cost and legal review and analysis)
- 5/6 year affidavits fees: government fees: $325/class &a legal fees $500-$800
- Statement of Use for Intent to Use applications: $100/class & legal fees $600-$900
- Six month extension of time to file Statement of Use: $125/class & legal fees $250-$350
Trademark Registration Questionnaire
Name:
College/Department:
Email address:
Phone:
What mark are you wanting to register with the United States Patent and Trademark Office? Attach a copy of the mark/logo.
Give a description of the program that the mark represents and the geographic reach of the program.
When did you start using the mark? Provide month/day/year
How long do you plan to use the mark?
Who designed the mark? (AU employee or outside firm) name and contact information.
If an outside firm, do you have a work for hire agreement with the company? Please attach.
How are you using the mark? Please provide all examples of how the mark is used. (product, web links, marketing brochures/printed materials) Use occurs for product when the mark is used on products, hangtags, packaging and for services when the mark is used in advertising or marketing communications.
Has the mark been used outside of the state of Alabama?
Have you checked the USPTO database to see if the name/mark is already registered by someone else?
Why do you want to protect the mark?
Are you aware of anyone else using the mark?
Are you working with any entity outside of the university who might claim some ownership to the mark?
