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Prosecution of the Application
Once the application has been filed in the Trademarks Office, it is examined in a few months' time both as to form and merit by a Trademarks Office Examiner. If the Examiner finds no objection to the application, the application will be approved for advertisement (publication) in the Trademarks Journal. This constitutes the official notice to the public contemplated by § 9 of the Trademarks Act to which reference was made above.
If the Examiner raises an objection to the application, our charges for attempting to overcome the objection would be based primarily on the time we spend. Such fees are difficult to estimate in advance. The cost of preparing and filing an argument attempting to overcome an objection raised by the Examiner can range from as little as about $300 to several hundred or even more than one thousand dollars, depending upon the complexity of the issues involved. We can usually predict after receiving any objection whether the objection can be easily overcome or not, and if the latter, what in ballpark terms our fees are likely to be for attempting to answer the objection.
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