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Prosecution of an Application
Once the application has been filed in the Trademarks Office of examining countries (including the U.S. and Canada), 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, Official Gazette or similar official journal of the country in question, in order to provide an opportunity to oppose registration of the mark.
If the examiner raises an objection to the application, or if the application is opposed after publication, our charges for attempting to overcome the objection, or for contesting the opposition, 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 $500 to several thousands of dollars, depending upon the complexity of the issues involved. Opposition proceedings can be very expensive if conducted to a conclusion, but fortunately, such proceedings arise relatively infrequently.
After all objections are overcome and all formalities have received attention, a registration fee is frequently payable, depending upon the country. Typically in Canada this involves an additional expense of close to $1,000. If the application has been based in whole or in part upon proposed use (an intention to use), then in some countries, including the U.S. and Canada, a statement or a declaration of use is required. This usually adds at least about another few hundred dollars to the total cost. Further, if the applicant cannot meet a set deadline for filing the declaration of use, one or more time extensions will be required, further adding to the total cost of prosecution.
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