Pflugerville, TX asked in Trademark and Intellectual Property for Texas

Q: Am I required to do attestations in all 50 states for federal trademark? Company filed with asking $73 x 50 = $3650

I used an online company to submit filing for trademark of my Hercules Dock Bumpers name. Serial Number 97643107. I've paid the initial USPTO filing fee and have been waiting months for it to be assigned. I just got notice that the application was accepted and will be assigned to an examiner. The company I did this with (Trademark Pioneer) is now saying as part of this process I have to do attestation in all 50 states for $73 per state x 50 equaling $3650.00. This floored me. They never said anything about this. In fact looking back at a couple emails they sent an email saying your following trademark will be verified, authenticated and attested, one time process for $800.00. Process includes Notarial and Authentication, Document Authentication from All US Secretary of States, US and 50 states and District of Columbia. Seems the $800 has now turned into $3650. I'm confused. Not sure I trust these guys anymore. Need some insight on what to do. Thank you! Jeff

3 Lawyer Answers

A: None of these attestations are part of the process within the Trademark Office (USPTO). The next step in your application is for the trademark examiner look at it, but that is pending.

A: Your application SN 97643107 for federal registration of the mark HERCULES DOCK BUMPERS was filed 10/21/2022 by attorney Sandy Lipkin and is awaiting assignment to an examining attorney, which currently takes 8.5 months. If the registration is granted, it will be effective throughout the US and all 50 states. There is no reason for you to have "attestations" or state registrations for the mark, and if your attorney says you do she is misleading you.

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A: There is no requirement to do an attestations in any state and it is not part of the USPTO process. The mark once filed with the USPTO will be assigned an examining attorney. Generally, at this time it takes about 8-12 months for an attorney to actually review the application. If your attorney is asking for this step it is misleading and not required. No further action would be needed at this time.

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