United States Trademark Registration
(If you are an attorney, trademark agent, or associate, please contact our office for our professional rates and application instructions.)
We file applications for trademark registration in the United States Patent & Trademark Office (USPTO) on a “fixed fee” basis. Registration of a mark in a single-class of goods or services costs $1500.00. Our fee includes:
- The USPTO filing fee;
- a limited “knock out” search for identical trademarks in the USPTO. We will, of course, advise you if there are any obvious conflicts to registration of your trademark. Full searches are done by specialized search companies, which we can recommend upon request; 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 arise.
If you want to register your mark for more than one class of goods or services, each additional class costs $625. The USPTO relies on the “Nice” classification system to determine which class(es) of goods or services apply to your trademark. You can read more about how the USPTO classifies goods and services. (You don’t necessarily need to familiarize yourself with this classification system. If you tell us the goods and services you want to register for, we can advise you the classes they belong to.)
There is no additional charge for applications for color marks or design marks. However, our fee does not include the following: (a) appeals to the Trademark Trial and Appeal Board of 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 be registered; (b) negotiation of “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; (c) attempting to overcome a Final Refusal by attacking a registered mark by 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.); (d) “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.);” (e) fending off third parties who may want to stop you from registering your mark by threatening to file or filing an
In order to file your trademark application, we need the following information:
- What is the trademark you want to register? If it 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., stylized fonts or graphic elements, including necessary punctuation), you must provide us with a pure black-and-white, hi-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). For further instructions see our Drawing Requirements page;
- The specific goods and/or services for which you want to register your Mark.
- The trademark owner’s legal name, place of formation or citizenship, and legal address;
- The filing basis of your trademark application. Specifically,
- If your Mark is already in use in the United States, we need to know the date of first use anywhere, the first use in the United States, and a specimen showing use of the mark in each class of goods/services that you want your Mark to cover.
- If you already have a foreign trademark registration or pending application, please provide the country or jurisdiction and registration or application number.
- 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.” basis, even if you have a foreign registration or pending application.
- If you do not have a foreign registration or pending application, then your intent-to-use application must be converted to use (by filing 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.)) in order to register. If the mark is not in use following approval (called 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.)), then an extension must be filed every six months (up to a maximum of 3 years) until use commences.
- If you have a foreign registration or pending application, then you do not need to place your trademark in use in the United States in order for a registration to issue. However, non-use in the United States for three years following registration constitutes prima facie abandonment of 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 charges. There are sound strategic reasons why you may want to file on the basis of 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.)
Once you have provided us with the information above, we will prepare “confirmation instructions” for you to review prior to filing. Clients who have questions about any of the above may contact us by email or phone.