Attorneys, Agents and Associates
New National Trademark Filings
We will file, prosecute and seek registration of a single class application in the United States Patent and Trademark Office (USPTO) for $1250.00. The fee includes government charges and our services to file and prosecute the application, as well as our responses to Official Actions. We charge $525.00 for each additional class. Powers of Attorney are NOT required for us to do your United States filings. (Opposition proceedings and other third party problems, such as concurrent use proceedings and agreements, are not included in our flat fee rates.)
We do not impose additional charges for:
- filing an application on multiple bases (i.e., use, intent to use, foreign application, and foreign registration); or
- filing an application for a design mark or color mark.
In order to file an application, we need the following information:
- The owner’s legal name, place of formation or citizenship, and legal address;
- If the mark is a design, a PURE black and white JPG image. It is possible to file for color marks, but this is generally not recommended, unless the color is distinctive. More information here.;
- A description of the goods/services of interest. Please note that the USPTO now requires applicants to comply with the 11th Edition of the Nice Agreement, as amended by the USPTO. More information here.;
- The filing basis:
- For applications based on use or intent to use: Indicate whether the mark is in use in the United States, and if so, provide the date of first use anywhere, first use in the U.S., and a specimen showing use of the mark in each class of applied for goods/services. If the mark is not in use, and not filed on the basis of a foreign priority, then it will be filed on the basis of intent to use;
- For foreign-based applications, provide all foreign application or registration priority information. More information here.;
Once you have provided responses to #1 – #4, we will prepare “confirmation instructions” detailing the proposed filing. Please visit our website for more information and the flowcharts illustrating the registration process.
Searches: As part of our service for filing a trademark in the United States, we will conduct a limited search for identical trademarks in the USPTO and will notify you if there are any obvious absolute bars to registration. Full availability &/or registrability searches are done by specialized search companies, which we can recommend.
Intent to Use Filings: must be converted to a use basis in order to register. If the mark is not in use following approval, then an extension must be filed every six months until use commences. The cost for each extension and allegation of use is $400.00 for a single class and $225.00 for each additional class, including government charges.
Madrid Protocol — Official Action Refusals in United States Designations
Our flat fee rate for Madrid Protocol filings covers non-substantive office action (i.e., “Official Action”) refusals and domestic representation as Attorney of Record. It does not include oppositions, cancellations or litigation involving third parties. We will, without charge, review any substantive USPTO Official Action refusing registration of a U.S. designation under the Madrid Protocol, and offer our recommendations on how to proceed. You only need to provide us with the US Serial Number or International Registration Number and ask for our recommendations.
Maintenance and Renewal Applications
To prepare and file Maintenance and Renewal Applications the following information is required:
- The owner’s legal name, place of formation or citizenship, and legal address if different from registration details in the USPTO;
- The registration number for the Mark;
- A specimen (evidence) showing use of the mark for at least one of the goods and services in each class of the registration.
Please note that the primary issue encountered in maintaining and renewing trademarks in the United States are proper specimens showing use of the mark in commerce in the United States for the goods and services listed in the registration. The specimens must show use of the mark as registered along with the goods and services. We will assist you, without charge, in reviewing and advising as to the evidence necessary to comply with USPTO requirements. Please see the attached Schedule of Charges for fees.
Recording Title Changes
To prepare and file an assignment, change of name, merger, etc. the following information is required:
- For assignments, the Assignor’s (or Seller’s) and Assignee’s (or Buyer’s) full legal names, place of formation or citizenship, and legal addresses. Also, if known, the names of the persons who will sign on behalf of the Assignor and Assignee, and such persons’ official titles.
- For all changes (including assignments), the properties that are involved (e.g., the registration numbers or application serial numbers of the marks);
- The date of the transaction, if different from the date of signing; and
- Any other information that may be relevant to our understanding the requested changes.
- For name changes, we will need a copy of the government documents effectuating the name change that show the name before and after, as recorded in the official records.
If you have any questions about the proper documentation, please ask.
The charge for recording title changes is $440.00 for the first property, and $100.00 for each additional property. If there are many properties to be assigned, we will discount our rates accordingly. We do not need original signed documents. A fax, PDF or scanned image will suffice for filing purposes.
These can be turned around and recorded very quickly, often in one day.
Note: Everything can be done electronically between us. Having filed, prosecuted, litigated and maintained trademarks throughout the world for thirty years, we can set flat-fee rates because we know how to secure trademark protection for our clients efficiently. Let us know if you have any questions and we look forward to the opportunity to work with you.
Foreign Associate United States Trademark Rates
|Number of Classes/Fees|
|APPLICATION Filing of New Trademark Application w/ Fixed Prosecution|
|ITU Extensions/Allegations of Use|
|Dividing Trademark Application|
|MAINTENANCE of a Trademark (Section .8/71 & 15)1|
|RENEWAL of Trademark Registrations1|
|Section 8/71 Maintenance of a Trademark1|
|Recording Title Changes (per application/registration)|
|Petitions to Reinstate/Revive Application|
|Extension to File Opposition2 (per application)|
|Filing Opposition or Cancellation|
|Taking Over Already Filed National Application (Minimum)|
|Madrid Application (Responding to Non-Substantive Office Actions)|
All Rates include our services and government filing charges, except where additional classes need to be added to an already filed National Application. Updated 15 January, 2017.
- Belated filing within 6 months are an additional $200.00 per class
- Extensions of 90 days or less, an additional $100.00 fee for up to an additional 60 days