Trademark and Copyright Fees & Costs

DOMESTIC TRADEMARK FEE SCHEDULE

SERVICE

SERVICE FEE

USPTO FILING FEE1

TOTAL

Knockout Trademark Search

$225

n/a

$225

Comprehensive U.S. Trademark Search

$665

n/a

$1,500

Comprehensive U.S. Trademark Search with Social Media Search

$715

n/a

$1,775

First Trademark Application

$825

$225

$1050

Subsequent Trademark Applications

$625

$225

$850

Additional International Classes

$150

$225

$375

Statement of Use

$450

$100

$550

Extension of Time for Statement of Use

$275

$125

$400

Response to Office Actions

Std. Hourly Rate

No Fee

Varies

Requests for Extensions of Time to Oppose

$150

No Fee

$150

Notice of Opposition or Petition for Cancellation

Std. Hourly Rate

Varies

Varies

Combined Declaration of Use and Incontestability (after 5 years of registration)

$525

$325

$850

Combined Declaration of Use and Application for renewal (after 10 years of registration)

$625

$425

$1050

Recording Assignment (details below)

$300

$40 / $25

Varies

DOMESTIC COPYRIGHT FEE SCHEDULE

SERVICE

SERVICE FEE2

FILING FEE

TOTAL

Application to Register Copyright (details below)

$550

$35/$55

Varies

Trademark Search Packages

We offer two different types of searches including: 1) Knockout Trademark Search and 2) U.S. Comprehensive Search. The information included in each of search is summarized in the chart below. Additional search services can be added to tailor a search to your areas of interest.

 

Attorney Phone Call to Discuss Search Results

Federal Database (USPTO)

Federal Database (USPTO)- Phonetic Equivalents

State Databases

Common Law Search

Social Media

Knockout Search

X

X

 

 

 

 

U.S. Comprehensive Search

X

X

X

X

X

 

Knockout Trademark Search:

For word marks, we can perform a Knockout Search quickly and for a low cost. These searches could be used to determine whether it is worth pursuing a US Comprehensive Search and will give you a quick “thumbs up” or “thumbs down” without having to order a more substantial search. This search includes:

The following important points must be noted:

1.There are no guarantees that another prior common law user of a similar mark will not interferewith your right to use your mark on a nationwide scope even if you should ultimately obtain afederal registration;

2.We do not recommend proceeding with use or registration of a mark without conducting a fullavailability search; and

3.We charge $150 for a Knockout Search. If you opt to hire us to file a trademark application, thecost of the Knockout Search will be applied to the cost of filing the trademark application.

Comprehensive Trademark Search:

This package includes a search of USPTO records, state trademark registries, as well as unregistered common law marks to a reasonable extent including business directories and Internet domain name registrations. An experienced trademark attorney will review the search data and will provide you with a written analysis and recommendations. You will also receive a copy of all of the search data.

We can order, review, and analyze full availability within 7 to 10 business days for both word marks and design marks. For an additional fee, a full availability search can be ordered on an expedited basis.

Additional Search Services:

We can expedite the turnaround time on a full availability trademark search and provide the results to you within 3 business days for an additional $50 fee. We also offer a Social Media Name Search that provides analysis of over 100 of the world’s most popular social media sites. This will provide you with additional perspective on the ever-growing social media sector.

Optional Add On Description Additional Fee
Expedite Trademark Search Receive search results in 3 business days $50
Social Media Name Search Analysis of over 100 of the world’s most popular social media sites $225

 

Trademark Application Packages

First Trademark Application:

First Trademark Application:

This application fee is for a single class of goods or services. Each additional International Class to be included in the same application is $375 – $475, which includes the USPTO’s filing fee of $225 to $325 per International Class.

Our flat fee includes up-front legal advice on how to proceed with the applications, including any questions you may have and all routine follow through-services necessary to prepare and file the application and respond to any non-substantive issues that the examining attorney may raise when reviewing your applications. Upon receipt of all necessary information from you to complete the application, including the receipt of specimens (if the mark is in use), a drawing of the mark if it contains a logo design and the required fees, we will prepare an application for your review and signature, and process the filing.

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, currently $275/hour for the preparation of the response and $350/hour for review.

Subsequent Trademark Applications:

If you file more than one trademark application, we will discount our filing fee by $200 per application. All other conditions and costs of the First Trademark Application apply.

Statement of Use:

If an application or applications are filed based on “intent-to-use” (i.e. you haven’t started using the trademark in commerce yet) and a Notice of Allowance is issued, then you will need to file a Statement of Use, providing proof that you have started using the trademark in commerce.

Extension of Time to File a Statement of Use:

If need be, we can request an extension of time to file a Statement of Use. Since up to five extension requests may be filed per application, our fees will be charged for each successive extension request until a Statement of Use is filed for each application.

Trademark Response Fees

Substantive Responses:

For substantive refusals to register any particular application, we will notify you of the receipt of an office action and give you our analysis of the difficulty of overcoming the objection free of charge to you. If, however, you would like us to file a response, our services will be charged at our standard hourly rates, currently $275/hour for the preparation of the response and $350/hour for review. Prior to filing a response, we will advise you of the approximate amount of time we anticipate that the response will require.

Substantive refusals include, but are not limited to, any refusal to register under Section 2 of the Trademark Act (i.e., likelihood of confusion, mere descriptiveness, surnames, geographic descriptiveness/misdescriptiveness, deceptive, scandalous, failure to function as a mark). It also includes problems with the specimens of use. The said fee scale will apply and be assessed for responding to each office action issued by the USPTO examiner to which you choose to have a response filed.

Requests for Reconsideration and Appeals to the Trademark Trial and Appeal Board:

Applicants may request an examiner to reconsider his or her decision after a final office action. If you wish for us to file a Request for Reconsideration, our services will be charged at our standard hourly rates, currently $275/hour for the preparation of the response and $350/hour for review. Note, however, the Requests for Reconsideration do not suspend the time for filing a notice of appeal after a final office action.

If you choose to appeal a decision of an examiner to the Trademark Trial and Appeal Board, our services for preparing the notice of appeal and writing the appeal brief will be charged at our standard hourly rates, currently $275/hour for the preparation of the documents and $350/hour for review. The USPTO filing fee of $100 per class for filing a Notice of Appeal is in addition to our service fees.

Appeals can be determined by the written briefs alone; however, all applicants have the right to request oral argument before the TTAB. If oral argument is requested, then our hourly rates will be charged for preparation of, and attendance at, the oral argument. Additionally, you will be expected to pay for all reasonable and necessary travel expenses to Washington, D.C. A cost deposit for travel expenses may be requested in such event.

Trademark Opposition And Cancellation Proceedings

Requests for Extensions of Time to Oppose:

These requests can be filed in circumstances where extra time is needed in order to evaluate whether or not to file an opposition against another party’s application. There is no USPTO filing fee for requests for extensions of time to oppose.

Oppositions and Cancellations:

Oppositions and cancellations are in the nature of litigation. These matters are billed at our standard hourly rates, currently $275/hour for the preparation of the documents and $350/hour for review and, depending on the complexity of the matter, will most likely require an up-front retainer. Filing fees and expenses are additional.

Post-Trademark Registration Documents

After your registration is issued, there are certain documents that must be filed at periodic intervals to maintain the registration. Failure to file such documents will result in the cancellation of your registrations by the USPTO without any advance notice to you!

Combined Declaration of Continued Use and Incontestability:

These declarations are due between the fifth and sixth year anniversary of the registration. The Declaration of Continued Use is necessary to maintain your trademark registration. The Declaration of Incontestability is a very valuable benefit for litigation purposes. Among other benefits, with an incontestable mark, a third party may no longer claim that the mark was improperly registered or challenge the ownership of the mark.

Combined Declaration of Continued Use and Application for Renewal:

This document is due every 10 years after registration. The application for renewal is combined with another Declaration of Use.

Assignments of Applications/Registrations:

If an assignment or ownership name change must be filed for trademark applications or registrations, our fee is $250 for preparation of the assignment document or name change and the PTO recordation sheet plus the PTO filing fee of $40 for the first mark and $25 for each additional mark included in the same document.

Copyright Services

We can draft and file copyright applications as well. Like the trademark application forms, copyright forms can also be deceptively simple. An experienced lawyer can help guide you through the process to make sure that your copyrights are properly registered. We can also provide assistance with other copyright documents such as “Work For Hire” agreements, licenses and assignments. Please call for a quote if you need this type of assistance. The filing fee for a single application is either $35 or $55, depending on the number of authors, claimants, and works, as well as the relationship between the author and claimant.

Miscellaneous Services

For anything not specifically mentioned above as having an applicable flat fee, our services will be charged at our standard hourly rates, currently $275/hour for the preparation of documents and $335/hour for review. An advance retainer and/or cost deposit may be required in an amount to be determined after an initial consultation about the nature of the work.

[1] USPTO fees may fluctuate depending on the type of trademark application submitted. Fees range from $225-$325. Unless otherwise indicated, fee is per International Class.

[2] The service fee may fluctuate depending on how many items are submitted in a single copyright application.