Maiorana Patent Law, PA

Why Does the Description of Goods and Services Affect the Price for My Application?

When quoting the price to file a trademark application, we normally say that the price per class is either $250 or $350 depending on how we write the description of goods and services. This seems a bit strange, but there is an explanation based on how the trademark fees are structured. If we use a pre-written description of goods and services, then we can use the TEAS Plus procedure (a program at the Trademak Office), that only costs $250 per class.

If we want to write a custom description of goods and services, then we cannot use the TEAS Plus procedure. The other option is the TEAS Reduced Fee procedure. The TEAS Reduced Fee procedure allows a custom description of the goods and services, but has a fee of $350 per class. The pre-written descriptions in TEAS Plus may be enough to cover the desired description. So if we can use those, we can pay the lower fee, and use the streamlined procedure. The Trademark Examiners tend to like the pre-written description of goods and services. So as long as the pre-written descriptions can meet the goals of a particular client, we can go that route.

We sometimes want to have more robust descriptions. Then we would use the TEAS Reduced Fee procedure - and the higher cost per class.

Aside from the pre-written descriptions, there are also other requirements for using the TEAS Plus procedure. A penalty of $125 per class applies if the TEAS Plus requirements are not met. Since the penalty for failing to meet the TEAS Plus requirements can cause the application to be more expensive than the TEAS Reduced Fee procedure, we can help ensure your application is compliant.

It is important when defining a description of goods and services that the description is not too broad and not too narrow. Unlike patents, where a broad claim is desired, in a trademark application, we need to define what was actually used (or intended to be used) on the product or with the service in the description of goods and services. So if a mark is used on T-shirts, we don’t want to include hats if hats have not been used.

You can always ask one of our Trademark Lawyers for additional information. Please call us at MI - 586-498-0670
CA - 408-890-6549
CH - 312-319-1997