Trademark Registration
Complete Trademark Registration Service = $1,000
Flat-fee service includes ALL WORK THROUGH REGISTRATION for any type of trademark (including designs) in one class of goods or services (add $100 for each additional Intent-to-Use class, and $100 for each additional TWO Use-In-Commerce classes). USPTO fees apply (see below). “All work” includes the following (unlike any other flat fee offered by any attorney or filing company in the U.S. - none of which include Statements of Use and responding to substantive Office Actions, which could cost you $1,000 or much more, even if the quoted “flat fee” is a low one..this is where you can easily be confused about what you might have to pay in the end):
o All necessary lawyer consultation time to allow for the perfect trademark registration for your business
o Trademark search with opinion as to the chances that your trademark will be approved (a reasonable number of searches are included, depending on the time they take, but always AT LEAST TWO. I refer to those as the first “batch” below)**
o Filing application(s) after full consultation with client as necessary to ensure maximum protection and appropriate coverage, and to maximize chances of successful registration, in light of search results
o Responding to ALL office actions, including substantive ones, as necessary and possible***
o Monitoring applications and providing updates as necessary, including deadline reminders for “intent to use” (ITU) applications
o Preparing, submitting, and dealing with all issues relating to Statements of Use (for ITU applications)
o Preparing and submitting requests for extensions of time for ITU applications
o For multi-class applications, I can file separate applications for each class if there is a benefit in doing so
The goods and services (G/S) listed in a trademark application are classified into one of 45 possible Classes. You must designate each Class as either “use in commerce” (UIC), meaning you are using the mark in connection with the sale of the goods listed in that class, or “intent to use” (ITU), meaning that you are not yet using the mark but intend to do so in the future in connection with the goods listed in that class. Only Classes for which ALL of the G/S are being sold at the time of application can be designated as UIC. If any G/S in a given Class are not being sold at the time the application is filed, then the Class must be designated as ITU (it’s possible to “mix and match” but that gets very ‘messy’ and is not recommended). A single trademark application may have both UIC and ITU Classes, in which case they may be filed as two separate applications (one for the UIC Class(es) and one for the ITU Class(es)). Most applications will only have one or two classes if you are in a single field of business, but this depends on the occasionally arbitrary nature of the USPTO classification system. I will be happy to discuss the benefits of this with you in more detail.
**$100 for each add’l two searches above the first “batch” as necessary. I will discuss the search results with you, explain the risk and you make the decision to proceed or to move on to a different mark. If you have no backup plans, so that the availability of your desired mark is critical, I charge $250 for the trademark search so that you don’t pay me the full fee if your trademark is not available or the risk is too great for you (based on my opinion of the search results). If you decide to pursue registration of the mark, then the balance of $750 is due.
***Up to a Final Refusal or Approval for Publication. Such office action responses cost up to $1,000 as a separate service (see Office Action Responses section below). If possible, I will respond after Final Office Actions (in certain situations involving substantive issues, and in all cases to correct easily correctable deficiencies, or deal with other non-substantive issues).
No refunds are ever offered once work has begun due to the inherent unpredictability of the examining attorneys at the USPTO. Despite any opinions about search results or the likelihood of successfully overcoming refusals, no attorney can guarantee results. I give my opinion about search results as honestly as I can and based on my many years of experience.
Trademark Renewals
Maintenance (Renewal) Filings = $250 for first class, $100 for each add’l class plus USPTO fees
Assignments = $200 plus USPTO fees
Submitting Statements of Use = $150 per class (does not apply if you paid my $1,000 fee) plus USPTO fees
Trademark Office Action Responses (as a Separate Service)
Variable (depends on the complexity of the office action).
Simply email me your application serial number and I will review your office action for FREE and provide you with my assessment of it and of my ability to present convincing legal and factual arguments and evidence to get your trademark approved.
Beware of many other services that offer very confusing and arguably deceptive pricing terms, often buried in their "Terms of Service"
No refunds are ever offered once work has begun due to the inherent unpredictability of the examining attorneys at the USPTO. Despite any opinions about search results or the likelihood of successfully overcoming refusals, no attorney can guarantee results. I provide my opinions with respect to search results as honestly as I can and based on my many years of experience.
USPTO Fees
Some of the most common USPTO fees are as follows:
Recording an Assignment with the USPTO - $40 (for one mark)
Filing a Trademark Application - $250 per Class (but in some cases it’s $350)
Statement of Use - $100 per Class
6-month Extension of Time for Filing the Statement of Use - $125 per Class
Renewal of Registration Between 5th and 6th year after the Registration Date - $225 per Class
Reviving an Abandoned Application - $150