Trademark Services-Pricing

Congratulations on your decision to hire a trademark service attorney for your trademark needs! Our fees are below. Please note that our rates are subject to modification at any time. The typical turnaround for services is two weeks. If you require expedited services, the rate is doubled. Please note that an attorney-client relationship does not exist with our office until we’ve received payment and an executed retainer signed by the client and our office.

TRADEMARK SEARCHES

Exact/Basic Search—$250

This search option consists of a search on the USPTO for your exact mark. No variations will be searched. The timeline to complete a search is typically one week from the date the payment clears. Rush service is available (within 24 hours) at a double rate. 

*If you file an application based on this search only, you run the risk of receiving an office action from the USPTO regarding a mark that is similar to yours.

Preliminary Trademark Search—$350 

A preliminary trademark search is a search of the USPTO database for your mark and similar marks. Our trademark service attorney will spend up to one hour conducting a search on your mark. The search determines whether any obvious conflicts exist to determine whether you should invest in a comprehensive trademark search. A comprehensive search is strongly suggested prior to investing significant amount of time and resources into your mark. The timeline to complete a search is typically one week. Rush service available (within 24 hours) at a double rate. *If you file an application based on this search only, you run the risk of receiving an office action from the USPTO regarding a mark that is similar to yours.

Comprehensive Trademark Search—$1200

What is a Comprehensive Trademark Search?

A comprehensive trademark search examines various databases and publications to confirm there are no conflicts with your mark. Our trademark service attorney will search different variations of your mark. We will provide a formal legal opinion analyzing the risks you may endure if you pursue filing for a particular mark. The timeline to complete a search is two weeks. Rush service available (within 72 hours) at a double rate.

Opinion based on someone else’s search: 

If you would prefer to do your own search, or have the results of a search done by a professional service which does not provide a legal opinion, Our trademark service attorney will provide an opinion for a fee of $250. 

Trademark Filing Packages

Your application will either be an intent to use application or a presently used in commerce application.

What does “use in commerce” mean?

Goods-The product has been sold and shipped within the United States in the ordinary course of trade with the mark preferably displayed on the product itself or on external materials such packaging, tags and labels. If certain requirements are met, a brochure or online point-of-sale display may suffice as a specimen of use for goods if certain requirements are met (e.g., means for ordering). Advertising and marketing materials are generally unacceptable specimens for goods.

Services– The services have been provided within the United Sales in connection with the mark. Acceptable specimens of use for service marks may include advertising and marketing materials displaying the mark and referencing the services identified in the application.

Presently Used Commerce Trademark service Package

$1250 (includes the USPTO TEAS PLUS application filing fee for one “class”)

• One phone consultation with attorney up to 15 minutes to discuss the trademark or search.
• A second phone consultation (up to 15 min long) to discuss the results of the search.
• A basic exact search limited to your exact mark 
  • A basic search of the desired TM to see whether any other applications directly conflict with your trademark. If you prefer to have a preliminary search, add $100.⁵
  • A comprehensive Trademark Search Package is available for an additional fee
  • If you plan to use your mark before a USPTO examining attorney is assigned to your application (approximately 9 months), we suggest you conduct a comprehensive search.
• Filing of a trademark application with the United States Patent and Trademark Office (USPTO)
• This option covers the filing of a trademark application and responses to non-substantive office actions^[ii]ONLY 
  • This package does not include a response to substantive office actions^[iii]
  • If a substantive office action is sent, the package includes one 15 minute phone consultation to discuss the office action.⁺
• Email delivery of your trademark application 
• Electronic copy of your trademark registration (or in-office pickup of paper registration)
• Note-each application must be filed under at least one “class” (category). If you would like to submit your application for two classes, an additional $250/class will be charged to cover the USPTO filing fee.
• List of ancillary services not included ⁺
• If your trademark includes any of the following, your application may be subject to a TEAS REGULAR application, which requires an additional $100 fee to the USPTO:
  • Your trademark includes non-English words (you must inform us and include the English translation at the time you fill out your paperwork).
  • Your mark includes non-Latin characters (You must provide the English translation and/or a transliteration or a statement that the term has no meaning in English).
  • Your mark includes color (If you are claiming color, you must provide us with a statement describing the colors and where the colors appear on the mark).
  • You previously registered the same mark (Provide us with the previous serial/registration no. so we may state that you claim ownership to a prior registration).
  • Your mark includes the name or likeness of a living person (You must identify the individual identified and provide their consent, even if the individual is you)

If the attorney conducts a direct-hit search of the USPTO database prior to the commencement of the trademark service application and discovers there may be a conflict with a potential mark or other issue, the attorney will notify the client of the conflict and refund the attorney/USPTO fee paid minus a $250 attorney fee for conducting the direct hit search.

Intent To Use In Commerce Trademark Filing Package

$1500 (includes the USPTO TEAS Plus application filing fee and statement of use fee for one “class”)

• One phone consultation with the attorney up to 15 minutes to discuss the trademark or search.
• A second phone consultation (up to 15 min long) to discuss the results of the search (In person consultation $425)
• A basic exact search limited to your exact mark
  • A basic search of the desired TM to see whether any other applications directly conflict with your trademark. If you prefer to have a preliminary search, add $100.  A comprehensive Trademark Search Package is available for an additional fee of $1200⁶
  • If you plan to use your mark before a USPTO examining attorney is assigned to your application (approximately 9 months), we suggest you conduct a comprehensive search.
• Filing of a trademark service application with the United States Patent and Trademark Office (USPTO)
  • Plus the USPTO filing fee for one class (category) the application is filed in
• Filing of the statement of use ⁴
  • Includes the statement of use USPTO filing fee
• This option covers the filing of a trademark application and responses to non-substantive office actions ONLY 
  • Does not include a response to substantive office actions (which are billed at an hourly rate. Contact to discuss)
  • If a substantive office action is sent, the package includes one 15 minute phone consultation to discuss the office action. 
• Email delivery of your trademark application 
• Electronic copy of your trademark registration (or in-office pickup of paper registration)
• If your mark is not used in commerce within six months of the filing date, you will be required to file a request for an extension (which extends the period to provide proof of use in commerce by six months) on your intent to use application.  The initial request for an extension incurs a $600 fee (including the USPTO filing fee) for a mark with one class. If the mark has more than one class, client is responsible for paying an additional $100/class to cover the USPTO filing fee for each additional class.
• Note-each application must be filed under at least one “class” (category). If you would like to submit your application for two classes, an additional $375/class will be charged to cover the USPTO filing fee.
• List of ancillary services not included ⁺
• If your trademark includes any of the following, your application may be subject to a TEAS REGULAR application, which requires an additional $100 fee to the USPTO:
  • Your trademark includes non-English words (you must inform us and include the English translation at the time you fill out your paperwork).
  • Your mark includes non-Latin characters (You must provide the English translation and/or a transliteration or a statement that the term has no meaning in English).
  • Your mark includes color (If you are claiming color, you must provide us with a statement describing the colors and where the colors appear on the mark).
  • You previously registered the same mark (Provide us with the previous serial/registration no. so we may state that you claim ownership to a prior registration).
  • Your mark includes the name or likeness of a living person (You must identify the individual identified and provide their consent, even if the individual is you)

If attorney conducts a direct-hit search of the USPTO database prior to commencement of the trademark application and discovers there may be a conflict with a potential mark or other issue, attorney will notify client of the conflict and refund the attorney/USPTO fee paid minus a $250 attorney fee for conducting the direct hit search.

Additional Services

Prices below include one 15-minute phone call. Additional calls will be billed at our hourly rate. If you already paid for a 15-minute call to evaluate your presently pending mark (not filed by our office), the consultation fee will be deducted from the rates below. Unless otherwise specified, the fees below cover the fees for one class only. If your application contains numerous classes, additional fees will apply to cover the USPTO filing fees.

For substantive office action responses, we request that you retain us at least two weeks prior to the deadline. Otherwise the response is considered a rush response, which is double the posted rate.

• Substantive office action response:
  • Likelihood of confusion refusal
    • With a citation of 1-2 other marks in the office action: $1,785
    • With a citation of 3-5 Other Marks: $2,250
  • Merely Descriptive: $1,500
  • Specimen Refusal: $550
• Amending the goods or services of a mark: $475
• Filing an extension to file a statement of use: $600 (Incl. filing fee)
• Adding a disclaimer to an application: $375
• Amendment to add a mark to the supplemental register: $350
• Review of a currently registered mark or a pending mark not filed by our office: $250/mark
• Filing an extension to respond to an office action: $250 (Incl. filing fee)
• Filing a request to update the owner’s address (when not done concurrently with a response to an office action or other type of response): $150
• Adding an additional class to an already filed mark (with USPTO fees): $525
• File a petition to revive: $650
  • Includes USPTO fee for one class. $150 for each additional class. Does not include the cost to file an office action or required action that led to the abandonment)

Explanation of Trademark Terms

^[i] USE IN COMMERCE

Goods-The product has been sold and shipped within the United States in the ordinary course of trade with the mark preferably displayed on the product itself or on external materials such packaging, tags and labels. If certain requirements are met, a brochure or online point-of-sale display may suffice as a specimen of use for goods if certain requirements are met (e.g., means for ordering). Advertising and marketing materials are generally unacceptable specimens for goods.
Trademark Services– The trademark services have been provided within the United Sales in connection with the mark. Acceptable specimens of use for service marks may include advertising and marketing materials displaying the mark and referencing the services identified in the application.

What is a standard (word) mark?

A standard mark registration protects the actual wording of the mark. Protection is granted regardless of the how the mark is displayed in style, size, or color. By registering a mark as a standard character mark, an applicant is seeking registration of the wording (or lettering) of the name without regard to its style, design, font or any graphic features so long as the owner continues to use the same spelling that was applied for on the application. A standard character mark application allows the applicant to use the mark with both uppercase and lowercase letters. Applications for word marks must include a Standard Character Claim: “The mark consists of standard characters without claim to any particular font, style, size or color.”

What is a stylized (design) mark?

A design mark is best used when an applicant seeks to protect a distinctive logo with particular graphics and/or stylized wording. Registration of a design mark requires the owner to use the exact same design over the course of the next several years in order to maintain and renew the registration. Changing the design may warrant the filing of a new trademark application.  If you seek to protect a graphic design or image with or without wording, such as a stylized logo, then you would apply for a design mark. 

^[ii] What is a non-substantive trademark Office Action?

Non-substantive trademark office actions are letters issued by USPTO examining attorneys that do not necessarily refuse registration of the mark and do not require significant legal research or argument. Non-substantive office actions generally cover formalities that may be resolved quickly and inexpensively.

EXAMPLE:

• proposed amendment to the identification of goods/services or the classification
• request for more information on the mark (e.g., whether mark has a meaning in the industry or foreign language)
• proposed revision to the description of a stylized special form mark
• requested disclaimer of a portion of the trademark

^[iii] What is a substantive trademark Office Action?

Substantive trademark office actions typically include a refusal to register the trademark based on certain grounds. Responses to substantive office actions generally require greater effort and cost than those of non-substantive office action responses.

EXAMPLE:

• Likelihood of confusion refusal
• Mere descriptiveness refusals
• Dispute re: disclaimer requirement
• Any office Action that raises issues which require a greater effort in response
• As a further example, the examining attorney may be offering registration on the Supplemental Register which may require a Statement of Use.

⁴ Statement of Use

You have six (6) months from the issue date of the Notice of Allowance (NOA) either to file a Statement of Use (SOU) or apply for an extension of time to file an SOU (an “Extension Request”). An Extension Request is a sworn statement that the applicant still has a bona fide intention to use the mark in commerce, but needs additional time actually to use the mark. A filing fee of $125 per class of goods/services must be paid with the Extension Request.

You may continue to file Extension Requests every six (6) months for up to a total of five (5) extensions of time. You must use the mark in commerce and file an SOU within three years (36 months) of the NOA issuance date. For more information, see TMEP Section 1108.01.

Note: The six-month periods are based solely on the issuance date of the NOA, and NOT from the filing date of any extension; i.e., the six-month period following issuance of the Notice of Allowance (or any subsequent six-month extension period) will not be cut short by the grant of an extension.

⁵What is an exact search vs. a preliminary trademark search?

Exact Search-This search option consists of a search on the USPTO for your exact mark. No variations will be searched. *You will not receive an explanation of our findings. There is a risk that there may be a mark that is similar to yours that may give rise to the USPTO issuing an office action.

Preliminary Search-A preliminary trademark search is a search of the USPTO database for the same or similar marks. We will spend up to one hour conducting a search on your mark. The search determines whether any obvious conflicts exist and whether it is worth investing in a comprehensive trademark search. We strongly suggest a comprehensive search is done prior to investing a significant amount of time, energy, and money into your mark. The timeline to complete a search is one week. *You will not receive an explanation of our findings. There is a risk that there may be a mark that is similar to yours that may give rise to the USPTO issuing an office action.

⁶Comprehensive Trademark Search– A comprehensive trademark search examines databases of company names, state trademarks, domain name databases, publications, and various international databases. A comprehensive search examines databases of company names, state trademarks, press releases, business publications, domain name databases, and other types of databases.  A search of different variations of your mark will be checked and a formal legal opinion that analyzes known risks you may face if you pursue using and registering this mark. 

⁺Exclusions for trademark packages:

If client wishes to proceed with such ancillary services, all time spent will be billed at attorney and paralegal’s hourly rate, unless otherwise stated.

• Responses to Substantive Office Action(s) unless priced under flat rate above.²;
• Work related to an appeal, notice of suspension, or objection subsequent to the filing of Client’s trademark service application;
• Representation and/or responses to third-party objections of any kind (whether before or after the date of filing of the trademark application). Attorney will forward the initial third-party objection to client. If client wishes to proceed with responding to the objection, all time spent will be billed at attorney and paralegal’s hourly rate.;
• Any work related to intellectual property litigation, cease & desist demands, and/or claims of infringement, including without limitation, requests for the attorney to participate in any deposition concerning any trademark application filed pursuant to this Agreement;
• The filing of any trademark application or other filing where required material (including, without limitation, an appropriate specimen or dates of use) is not received by Rokita Law;
• The filing of any trademark application or other filing where a credit card or other payment is declined, the funds are not actually received by Rokita Law, or Client initiates a chargeback for such funds;
• Monitoring of marks;
• Amendment to application (adding of a class, changing ownership of a mark);
• Any work after termination or expiration of the agreed-upon terms;
• If a substantive office action is sent to the applicant, the TM filing package includes one 15 minute phone consultation to discuss the office action. Each additional phone consultation or correspondence related to the office action to be billed at $100/15 min.