The following special terms and conditions are incorporated into and are a part of the terms and conditions of your Engagement Letter or online Attorney Engagement Agreement (as the case may be) with Gordon E. R. Troy, PC. As used below, “Client” or “you” refers to any client of Gordon E. R. Troy, PC who has retained us to perform Legal Services.
The following is a Schedule of Flat Fees for certain Legal Services rendered by us. The Schedule is subject to change at any time.
Schedule of Flat Fees for United States Filings
| United States Trademarks | ||
| Class or Item | ||
| Description | First | Each Addl. |
| Filing New Trademark Application | 1500.00 | 625.00 |
| ITU Extensions/Allegations of Use | 400.00 | 225.00 |
| Dividing Trademark Application | 575.00 | 200.00 |
| Maintenance of a Trademark (Section 8 & 15) | 775.00 | 400.00 |
| Renewal of Trademark Registrations | 1000.00 | 650.00 |
| Section 8 Maintenance of a Trademark | 575.00 | 200.00 |
| Maintenance of a TM (Section 8 & 15) — BELATED | 975.00 | 525.00 |
| Renewal of Trademark Registration — BELATED | 1300.00 | 900.00 |
| Recording Title Changes | 540.00 | 125.00 |
| Petitions to Reinstate/Revive Application | 500.00 | 250.00 |
| Filing Opposition or Cancellation | 2500.00 | 600.00 |
| Taking over already filed application | 500.00 | 400.00 |
All Trademark Applications
There is no guarantee that a particular trademark will be accepted for registration by the Patent & Trademark Office (“PTO”) or any court or agency in a foreign jurisdiction. If an application encounters a significant problem, Client will be advised of the nature of the objections and given an estimate of the cost of our response, together with our evaluation of the Client’s likelihood of success. If there is no basis to overcome a statutory refusal on the part of the PTO, we shall not be obligated to submit a response to an office action if doing so would not, in our professional judgment, result in overcoming the statutory refusal in the application.
U.S. Trademark Applications
Flat Fees listed on the above Schedule (“Scheduled Fee(s)”) are for our Legal Services during the basic examination procedure. However, Scheduled Fees do not include those rare instances in which additional, out of the ordinary, Legal Services are required, for example, the filing or prosecution of opposition proceedings, letters to the Director, investigations into or negotiations with anticipating marks, appeals, or additional government fees that may be required during the application process. For new trademark applications, (i) the Scheduled Fee does not include our standard Legal Services fees for registration in additional classes, and (ii) if the application is filed on the basis of “intent to use,” the Scheduled Fee does not include services or disbursements in connection with converting the application to a use-based application, the filing of statement of use extension requests, or the filing of a statement of use.
Trademark Maintenance and Renewal: provided that the mark is in use at the time of filing of the maintenance or renewal application in the same form, for the same goods and the same owner as registered, there are usually no additional fees to complete the filing. Under current law, a section 8 affidavit must be filed in connection with both maintenance and renewal affidavits. At any time after five continuous years of use of a mark in commerce, and where there is no pending litigation attacking the validity of such mark, a section 15 affidavit can be filed to attain incontestability of the registered mark.
Converting from Intent to Use to Use-Based Application: An Intent to Use application can be converted to a use-based application as soon as the mark is used in Interstate Commerce. It can also be converted to a use-based application at anytime before the Trademark Office approves the application for publication. This is done by filing an Amendment to Allege Use, which we prepare and which Client returns to us signed, together with evidence (i.e., specimens) of use. Additional fees for our Legal Services and government charges apply to convert the application.
Notice of Allowance and Extensions: When a Notice of Allowance issues after the expiration of the opposition period, or upon success of an opposition, the three year period within which you must commence use of the mark commences. Every six months, before use commences, you must file an extension request to keep the application alive and pending. Additional fees for our Legal Services and government charges apply to Statements of Use and Requests for an Extension of Time to File a Statement of Use.
Foreign Trademark Applications
On foreign trademark applications, we will estimate the cost of our Legal Services, which estimate will apply to our routine process for foreign filings, to wit, obtaining information from you and communications with foreign attorneys on how to proceed with filing. The estimate does not include Legal Services to respond to partial or complete refusals to register in any jurisdiction or fees charged by foreign counsel, which are considered Disbursements. However, before we perform any additional Legal Services (for which we will bill you on an hourly basis), we will advise you. Due to the possibility of communication delays in dealing with foreign jurisdictions and to keep costs to a minimum, You must timely respond to our requests for information.
We reserve the right to bill Disbursements related to foreign trademark applications (including but not limited to communications, express delivery, certifications and Apostilles, and late filing charges in the foreign jurisdiction) at the time such Disbursements are incurred by us on your behalf.
General Note
All charges and expenses are subject to change. If you have not received a current quote from us, please contact us.