Before adopting a new trademark, we always recommend a comprehensive search to determine whether there are any third-party registrations, applications, or common law usages that could prove to be an obstacle to registration or use in commerce. Our fee for a comprehensive search and trademark clearance opinion is $2,000.
Sometimes a client will want just a quick search of the U.S. Patent and Trademark Office database to determine whether there are any federal registrations or applications that will pose an obvious obstacle to registration. For this we charge $250 per mark. Please understand, however, that our ability to search the USPTO database is very limited. Therefore, this option is intended to rule out obvious conflicts, but is not guaranteed to reveal all potential obstacles to registration.
Our fee for a single-class trademark registration – assuming a smooth registration – is $1,050 for the first trademark we register for a client and $850 for each additional trademark. For each additional class, we charge $425. These fees include the USPTO filing fees.
If the application is filed on an intent-to-use bases (as opposed to actual use), a Statement of Use must be filed before the certificate of registration will issue. Additional fees apply for the Statement of Use and any extensions of time requested to file a Statement of Use. We charge $550 for filing a Statement of Use for a single-class application and $400 for each extension.
These fees include the USPTO filing fees.
Our flat fees include all routine follow-through services necessary to prosecute the application. During the application process, however, the examining trademark attorney may refuse registration of the mark if he or she determines that the mark is not entitled to registration (for example, that the mark is “confusingly similar” to a previously-registered mark or a mark pending registration, that the mark is “merely descriptive” of the goods or services being offered in connection with the mark, or that it is “merely a surname” or being used in a “merely ornamental” way).
If the trademark examining attorney refuses registration for any substantive reason (as described above), we agree to respond to the substantive refusal (after consultation with you) at our standard hourly rates, which range from $395 for senior attorneys to $250 for associate attorneys and $150 for paralegals.
We can also help with maintaining trademark registrations. Specifically, we can help with preparing and filing the affidavit of continuing use (which must be filed between the fifth and sixth year of registration) along with the affidavit of incontestability, and with renewing the trademark registration (which must be filed every 10 years).
For preparing and filing an affidavit of use and incontestability (for a single class), we charge $850. For preparing and filing an affidavit of use and renewal (for a single class), we charge $1,050. These fees include USPTO filing fees.