United States Trademark Registration

Our fee for trademark registration in a single class of goods or services is $1500. The fee includes a limited “knock-out” search for existing applications and registrations that would directly conflict with your intended mark; the USPTO filing fee; and our responses to any Office ActionsA letter issued by the USPTO indicating problems with the application, which may include reasons why the mark may be refused registration, or legally improper descriptions or classifications of goods/services. (Click for a more detailed explanation.) that may arise.

If you want to register a trademark in more than one class of goods or services, there is a fee of $625 for each additional class. See our Goods and Services page to see how the USPTO divides goods and services into different classes. If you are considering registering your trademark in more than one class, or are unsure about listing your goods and services, please email us to set up a consultation. We will work with you to determine the correct listing of the goods and services for your trademark.

What our fee does not include: (a) appeals to the Trademark Trial and Appeal Board from a Final RefusalA letter issued by the USPTO indicating a “final” refusal to register that can only be overcome by, e.g., a formal appeal, or entering into a Co-Existence Agreement with the holder of an adverse mark. (Click for a more detailed explanation.)” of the USPTO to allow your mark to register; (b) defending Opposition ProceedingA proceeding usually brought by the holder of the same or similar mark arguing that the holder would be damaged by registration of applicant’s mark. Grounds include a likelihood of confusion with the holder’s goods/services. (Click for a more detailed explanation.) brought by third parties who may want to stop your mark from registering; (c) negotiating “Co‑Existence AgreementsAn agreement entered into with a third party to allow both parties to use the same or similar mark on different goods or services, or different classes of goods or services. (Click for a more detailed explanation.)” with third parties that may allow you to overcome a Final Refusal; (d) filing a cancellation actionA proceeding in the Trademark Trial and Appeal Board to cancel a trademark registration on the basis that a mark has been abandoned, or is generic, or was obtained by fraud, etc. (Click for a more detailed explanation.) against a registration that is blocking registration of your trademark; (e) “Concurrent Use ProceedingsA relatively rare proceeding by which two parties apply to use the same mark with restrictions as to modes or places of use (usually geographic restrictions). (Click for a more detailed explanation.);” or (f) for intent‑to‑useAn application for a trademark that the applicant has a bona fide intent to use, and which is not yet in use. Bona fide intent means that the applicant has taken concrete steps toward use of the mark. (Click for a more detailed explanation.) applications, “Requests to Divide,” which allow you to register your mark for certain goods and services listed in your application (e.g., the ones in use) but all. Please note that neither we nor anyone else can guarantee that your trademark will register.

In order to file your trademark application, you will need to provide us with the following information:

  1. If the trademark you wish to register consists of word(s), only, then you only need to tell us the word(s). If your trademark consists of more than just words (e.g., logo, stylized fonts, graphic elements, punctuation), you need to provide us with a pure black-and-white, high-resolution JPG of your mark. (It is possible to file for color marks, but this is typically not recommended, unless the color is “distinctive” i.e., uniquely identified with your goods or services.) See Drawing Requirements for additional details.
  2. A list of the specific goods and/or services for which you want to register your mark.
  3. The mark owner’s legal name (e.g., the name of the corporation or LLC that will own the mark), place of formation or citizenship, and legal address;
  4. The filing basis. Specifically,
    1. If you are already using the mark in use in the United States,
      1. We need to know the date of first use anywhere and the date of first use in the United States. For an explanation of the dates and their significance, see “First Use”; and
      2. We need a “specimen” showing use of the mark in each class of goods/services that you want your Mark to cover. See Specimen Requirements for additional details.
    2. If the Mark is not in use in the United States, then your application will be filed on an “intent‑to‑useAn application for a trademark that the applicant has a bona fide intent to use, and which is not yet in use. Bona fide intent means that the applicant has taken concrete steps toward use of the mark. (Click for a more detailed explanation.)” basis. (There are sound strategic reasons for filing an intent-to-use application that we can discuss with you.)
    3. If you already have a foreign trademark registration or pending application, we need to know the country or jurisdiction and registration or application number.

Important Information regarding Intent-to-Use Applications

Intent‑to‑useAn application for a trademark that the applicant has a bona fide intent to use, and which is not yet in use. Bona fide intent means that the applicant has taken concrete steps toward use of the mark. (Click for a more detailed explanation.) applications must be converted to use before a registration will issue. In other words, before your mark can be registered, you will need to begin using it for some or all of the goods and services listed in your application, and file a Statement of UseA statement that follows the filing of an intent-to-use application, which attests to the use of the mark and provides evidence of such use. (Click for a more detailed explanation.) attesting to such use.

Statements of Use may be filed in the USPTO either before the Examining Attorney accepts your application for publication or after the USPTO issues a Notice of AllowanceA notice from the USPTO that starts the 3-year period within which the applicant must commence use of the mark. (Click for a more detailed explanation.). (Once an application is published, third parties have thirty (30) days within which to notify the applicant of its intent to file an Opposition ProceedingA proceeding usually brought by the holder of the same or similar mark arguing that the holder would be damaged by registration of applicant’s mark. Grounds include a likelihood of confusion with the holder’s goods/services. (Click for a more detailed explanation.) to stop the applied-for mark from registering.

If you are still not using your mark after a Notice of Allowance issues, you must file extensions every six months (for up to a maximum of 3 years) until you begin to use your mark. The cost for a Statement of Use and each extension is $400.00 for a single class and $225.00 for each additional class, including government filing fees.

(Intent-to-use applications based on foreign applications or registrations do not need to convert to use in order to register. However, applicants should note that a failure to use the mark in the United States for a period of three (3) years constitutes prima facie abandonment of the mark.)