Contact Us

Mullin Law P.C.
Christianne Edlund

2425 N. Central Expy. Ste 200
Richardson, Texas 75080

Phone: 972-852-1709
Fax: 972.931.0124

trademarkattorney@mullinlawpc.com

Trademark and Copyright Fees & Costs

Trademark Fee Schedule

Copyright Fee Schedule

[1] Unless otherwise indicated, fee is per international class.

Search Packages

Basic Trademark Search:

For word marks, we will conduct a federal Patent and Trademark Office search for conflicting marks and give you an oral report over the phone or via an email. This type of search will give you a quick “thumbs up” or “thumbs down” without having to order a more substantial search. However, the following important points must be noted:

1. there are no guarantees that another prior common law user of a similar mark will not interfere with your right to use your mark on a nationwide scope even if you should ultimately obtain a federal registration.
2. we do not recommend proceeding with use or registration of a mark without conducting a full availability search.
3. We charge $100 for a federal only search. If you opt to hire us to file a trademark application, the cost of the federal search is applied to the cost of the trademark application. Discounts are available for multiple marks.

Comprehensive Trademark Search:

This package includes a search of USPTO records, state trademark registries, business directories, and Internet domain names.   An experienced trademark attorney will review the search data and will provide you with a written analysis and possible recommendations. You will also receive a copy of all of the search data.

As with the Basic Trademark Search, the full availability search is for word marks only. Designs and logos must be searched separately.

Standard turnaround time is within 5 to 7 business days.

If time is of the essence, searches can be ordered for next day or two business day turnaround. Please call for a quote if you need rush service.

International searches: If you are thinking of filing an International application under the Madrid Protocol and desire a search, the cost will vary depending on the number of countries involved. Please contact us for a quote.

Design and Logo Search:

Designs and logos, whether they include words or not, are more time consuming to search. Note that it is not possible to search state or unregistered common law marks for designs only.  The search is limited to a single International Class of goods and services. Additional classes are an additional $50 each.

Discount for Multiple Simultaneous Search:

If a search of more than one mark is ordered and searched at the same time, we have discounts available depending on the number of searches ordered.

International Trademark Searching:

For those thinking about filing an international trademark under the New Madrid Protocol System, it is highly recommended that a search of the applicable country or countries be conducted. Costs for searches vary depending on the number of countries selected.

Trademark Application Packages

First Trademark Application

This application fee is for a single class of goods and services.  Each additional international class to be included in the same application is $375, which includes the USPTO’s filing fee of $275 to $325 per international class.

Our flat fee includes routine services necessary to prosecute the application. It does not include, however, services that could be necessary to respond to a refusal to register the mark (for example, if the examiner refuses registration on grounds that the mark is “confusingly similar” to a registered mark).

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 for your review and signature an application within two business days. We will file the signed application within one business day after receipt from you.

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.

If a Statement of Use is examined and an office action is issued, then the fee scales discussed above in connection with prosecution of the application will be applied and will be additional to the fees charged for preparing and filing the Statement of Use.

Extension of Time to File a Statement of Use:

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

International Applications filed with a U.S. Application (Madrid Protocol):

Our fee for preparing and filing an application under the New Madrid Protocol System is $425. The applicable filing fees for the selected countries are additional. The amount of the fees will vary depending on the number of countries selected.

Response Fees

If the PTO does not approve your application on initial examination, and we must file a response or enter into a telephone conference with the examining attorney to resolve the problem, our fees will be as follows:

Response to Minor Technicalities:

For minor problems which can usually be resolved in a telelphone conference with the examining attorney and the issuance of an examiner’s amendment, our fee will be $100. If multiple applications for the same mark are filed and the only issue raised is the same technical issue, there will be a $50 charge per each additional class.

The above fee is qualified by your willingness to agree to the requested corrections by the Examining Attorney. For example, if the examiner requests a disclaimer of descriptive matter or requests a change in the identification of goods and services and you elect to contest the disclaimer or the amended identification which necessitates filing a written response to challenge the examiner’s decision, then the fee scale discussed below for substantive problems will be applied.

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. This part is free of charge to you. If, however, you want us to file a response, we will charge based on an hourly rate of $200.  Prior to filing a response, we will advise you of the approximate amount of time we anticipate the response to require.

If multiple applications are filed for the same mark and one application has problems that are relatively simple to correct while another has more substantial problems, then the fees charged for each application will be different depending on the degree of difficulty of the respective matters.

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 and every office action issued by the USPTO examiner that you choose to have a response filed.

International Applications:

If any one or more foreign trademark offices refuse registration, it will be necessary for us to use the assistance of an attorney in the particular country to respond. Fees will vary depending on the particular country or countries involved. We will provide an estimate prior to doing any work.

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 fee is $200 per hour. 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 fee for preparing the notice of appeal and writing the appeal brief will be billed at an hourly rate of $200 per hour. The USPTO filing fee of $100 per class for filing a Notice of Appeal is in addition to our 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 we will charge hourly rates for preparation for, and attendance at, the oral argument. Additionally, you will be expected to pay for all of our reasonable and necessary travel expenses to Washington, D.C. A cost deposit for travel expenses may be requested in such event.

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 the rate of $200 per hour. Filing fees and costs are additional.

An advance retainer and/or cost deposit may be required.

Post-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 $150 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.

Miscellaneous Services:

For anything not specifically mentioned above as having an applicable flat fee, our fees will be based on an hourly rate of $200 per hour. 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.