Trademark Attorney
A trademark represents your company or brand, and is likely your company’s most valuable asset. A trademark enables customers to identify the goods and/or services sold in connection with your business. Filing a trademark application with the United States Patent and Trademark Office (USPTO) is one of the first steps to protecting your brand.
Benefits of Trademark Registration with the USPTO:
- A legal presumption that you are the owner of the mark and have the exclusive right to use the mark nationwide.
- Prevents registration of identical or confusingly similar marks used in connection with related goods or services.
- Serves as a basis for a foreign filing.
- Use of the ® symbol to put the public on notice that your mark is federally registered.
- Ability to file a lawsuit concerning your mark in federal court.
- A federally registered trademark can be recorded with the U.S. Customs and Border Protection to block infringing products from entering U.S. commerce.
- If you want to enroll in Amazon Brand Registry, you must have a pending federal trademark application or registered trademark.
Flat Fee Services:
Federal Trademark Application: $650
This fee includes the following:
- 30 minute consultation regarding your mark
- identifying the appropriate classification(s) and description(s) for your goods/services
- guidance on submitting appropriate specimens
- preparing and filing a federal trademark application with the USPTO
- monitoring the application and providing status updates
- forwarding the registration certificate, should one be issued
ASK IP LAW guides its clients through the trademark application process, beginning with selecting a strong mark and identifying the goods and services used in connection with your mark. A mark that may be great for marketing purposes will not necessarily be accepted by the USPTO. A non-exhaustive list of services and flat fee rates are provided below. Should you need assistance with a trademark matter not listed below, please contact ASK IP LAW.
This fee does not include preparing a response to an Office Action, should one be issued by the USPTO examining attorney, or filing fees charged by the USPTO. Currently, the USPTO charges $250 for a TEAS Plus Application or $350 for a TEAS Standard Application per class of goods and services for each application. Additional fees will be charged for filing a Statement of Use or Request for Extension for an Intent-to-Use application.
USPTO Trademark Search: $350
ASK IP LAW highly recommends beginning with a free form search on the USPTO Tess site to evaluate potential conflicts before filing a trademark application. This is also recommended by the USPTO. The initial investment will help you determine whether you should modify or change your mark (if needed) to minimize the chances of a “likelihood of confusion” refusal by the USPTO, the costs of responding to an Office Action, and/or the costs of defending an infringement claim.
The USPTO may refuse registration of an applicant’s mark on the grounds that it resembles another mark and would create a “likelihood of confusion” as to the source of the goods or services. While you may not come across any direct conflicts for your mark, the USPTO considers multiple factors when determining whether a likelihood of confusion would exist between marks. These factors include the similarity of the appearance, sound, connotation and commercial impression of the marks, and the relative closeness of the goods/services being offered.
This fee includes the following:
- free form search for closely related live marks in the same or coordinated classifications
- report of search results with recommendations based on the search and analysis
USPTO, State, & Common Law Search: $1250
It is recommended, but not required to conduct a comprehensive trademark search up front. This initial investment will help you determine whether you should modify or change your mark (if needed) to minimize the chances of a “likelihood of confusion” refusal by the USPTO, the costs of responding to an Office Action, and/or the costs of defending an infringement claim.
In the U.S., common law rights can be asserted by the first user of a mark even without a registration. Therefore, conducting a common law search will help you identify and avoid possible infringement claims for marks that you would not find on the U.S. Trademark Register.
This fee includes the following:
- comprehensive search of registered, pending, and inactive federal trademarks for closely related marks in the same or coordinated classifications
- search of state databases
- Advanced Google® search
- report of search results with recommendations based on the search and analysis
Response to a USPTO Office Action: Flat Fees Vary
Record a Federally Registered Trademark with the CBP: $350
Once you have a secured a federal trademark registration, you have the advantage of recording the trademark with the U.S. Customs and Border Protection to prevent counterfeit goods from entering U.S. commerce.
This fee includes the following:
- Consultation to gather necessary information for the filing.
- Preparing and filing the application with the CBP, including submitting appropriate images of the federally registered trademark.
This fee does not include the filing fees charged by the CBP. Currently, the CBP charges $190 per class of goods or services.
Cease and Desist Letter: $850
This fee includes the following:
- 30 minute consultation
- analysis regarding potential legal issues
- drafting the cease and desist letter
ASK IP LAW’s website, including all blogs or articles, constitutes attorney advertising, and is educational and journalistic expression not intended as legal advice. If you need advice regarding your legal matters, please contact ASK IP LAW.