Complete Trademark Registration Service = $1,000 for a Single Class “Use Based” Application and $1,200 for a Single Class “Intent to Use” Application
Flat-fee service includes ALL WORK THROUGH REGISTRATION for any type of trademark (including designs) in one class of goods or services (add $200 for each additional “intent to use” class and $100 for each additional “use based” class). USPTO fees apply (see below). “All work” includes the following*
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. My flat fee aplies the same whether the classes are in a single application or in separate applications
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. If you have more than one class, you may opt to file individual applications for each class as opposed to a single multi-class application. In such cases, I charge $100 for each additional application above the first. I will be happy to discuss the benefits of this with you in more detail.
*Unlike any other flat fee offered by any attorney or filing company in the U.S. - none of which include Statements of Use (and getting Extensions of Time for filing them) and responding to SUBSTANTIVE Office Actions , which could cost you $1,000 or much more with all other attorneys, even if they call their fee a “flat fee” (which are typically more than $1,000). This is where you can easily be confused about what you might have to pay in the end with other attorneys and filing companies.
**$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). Before you pay me $250, I first do a screening search so that if the results allow me to very easily opine that the mark is not available to register because of a very direct “hit”, there is no charge for such a search. There are also situations when I can tell you there are NO issues based solely on the screening search or not having to do significant analysis to provide such an opinion. If you decide to pursue registration of the mark and you paid the $250 search fee, the original flat fee is reduced thereby).
***Up to a Final Refusal or Approval for Publication. 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.
Note on Searches:
Please note that no search is guaranteed to identify all marks in the market that could be deemed confusingly similar to a contemplated mark. In particular, the search is limited by the accuracy and completeness of the database information, as well as the inherent limitations of searching every possible permutation of a mark and the cost of searching all possible databases. For example, federal applications for registration of marks filed within the last week may not be included in the databases searched. Furthermore, in certain circumstances, entities with an application that has been filed in a foreign country have six months from the filing date of that application to seek registration in the US and obtain a priority date based on the date that the foreign application was filed. Thus, if you file an application in the United States for a trademark registration, a subsequently filed application could have priority over your application. Even so, in my experience, the search results provide a reasonable and cost-effective basis for evaluating the availability of a proposed mark and the likelihood of being able to use and/or register it. The question of likelihood of confusion is always a subjective one, and I cannot guarantee that every owner of a mark or name that I regard as different from the proposed mark would agree with this opinion. Nor can I predict the outcome of a contested proceeding in the courts or in the USPTO, which may reveal facts that are not now known to this office.
Other Fees:
Trademark Renewals = $250 for first class, $100 for each add’l class, plus USPTO fees
Assignments = $250, plus USPTO fees
Statement of Use = $200 per class (does not apply if you paid my flat fee for the associated application), 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 - $350 per Class (if the description of goods or services is “nonstandard” there is a $200 or $400 adder)
Statement of Use - $150 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 - $325 per Class ($650 for every 9-10 year renewal)
Reviving an Abandoned Application - $150