Trademark Application Service
I charge a flat fee of $900 per trademark for most types of "word" trademark applications, and $1,200 for design or "logo" trademark applications. There is also an additional filing fee between $225-$275 per trademark per class of goods which is charged by the United States Patent and Trademark Office for processing an application. Most electronically filed applications will only incur the $225 fee, so that the total costs to you (including my fees) will typically be $1,125 per trademark for one category. After our initial consultation, I will be able to give you a more accurate number based on your specific needs.
The flat fee rate includes a federal and common-law trademark search,* clearance consultation and application drafting that includes the following services:
1. I help you evaluate the strength of your trademark. Just because a word or logo is available to be registered as a trademark does not necessarily mean that it will give you strong trademark protection. I can help you determine if your mark will give you strong or weak protection and provide tips to make it stronger, if possible. You can include up to 2 variations of your mark (for "intend to use" applications) for the search and clearance, in case your primary selection is weak or possibly conflicted.
2. I provide a broad federal trademark clearance search. Trademark infringement can occur when two marks are likely to be confused with each other by consumers. In other words, they don't need to be identical, they just need to be similar enough to cause confusion. There are several factors that go into this analysis, including the type of goods the marks appear on, the relevant consumers and the strengths of the competing marks. I look at all these factors when I do a search to let you know if there could be potential issues with applying for a registration or using the mark.
3. I describe your goods for broadest protection. Trademarks must be registered in one of 45 classes of goods or services. Trademark owners need to select the right class and be able to describe the goods both specifically and broadly to get the best protection.
4. I assist you with any minor “office actions”. Once a trademark application is submitted, it takes about 3-4 months before a trademark examiner reviews it. If the examiner detects any problems with the application, the examiner will issue a letter called an “office action” requiring the applicant to take certain actions or else registration will be denied. My fee includes responding to any minor defects in the application. More importantly, I try to anticipate potential issues that the examiner might discover and appraise you of those risks so that you can be prepared for any office actions.
5. Once your application is approved (intend to use mark) or registered (in-use mark) I provide reminders for up to 5 years so that you can maintain your mark.
6. There are also details that every applicant must be aware of and consider. For example: Are you offering the goods or service for sale in interstate commerce? Should the owner of the mark be an individual or a company? What is the actual first date of use in commerce? These are just a handful of the more common questions that can arise in filing a trademark application.
Feel free to fill out and submit our Trademark Questionnaire for a no-obligation quote.
For additional informaiton, please feel free to contact me at: (310) 601 - 8025.
* State trademark searches are not included in flat-rate fees.