Trademark law is all about brand protection.
A trademark (or mark for short) is a distinctive word, phrase, logo, or graphic symbol that is used to identify the source of a product or service and distinguish your products or services from someone else’s.
But registering a trademark is a complex legal proceeding.
The USPTO assigns an examining attorney to every trademark application. The examining attorney runs a number of searches in the Trademark Electronic Search System (TESS) to look for "confusingly similar" marks that have either already been registered or have priority over your application.
You have to conduct a thorough trademark search before submitting your application to the USPTO. And even then, there's no guarantee that you'll find every potential mark that the examining attorney may raise an issue with. There is so much case law analyzing just what is confusingly similar and what goods and services are related, that it's a matter of conducting both a good search for the mark itself and good legal research.
The USPTO will not refund your application fee if your application is rejected
Learn more about Trademark Law.
Flat Fee Pricing
All fees and services described on this site are for information purposes only and are subject to change at any time. Until we have both a signed Engagement Agreement and your initial payment, the Firm reserves the right to quote you a new or different fee for services based on the unique legal needs of your business.
Payment Plans are available for an additional premium of 15%. All payment plans require a credit card authorization and are billed monthly. Payment plans are not available for rush delivery projects. Anticipated expenses are due with your first payment.
Standard Trademark Search and Registration:
Trademark Search and Likelihood of Registration Analysis: $1,025 per mark
Standard Federal Trademark Registration: $1,075 per mark
+ $225 minimum USPTO fee per class
Responses to Complex Office Actions are not included in this fee.
Extensions of Time or Requests to Divide: $300
+ $125 USPTO fee
Statement of Use: $1,100
+ $100 USPTO fee
Rejected Trademark Application?
Response to Complex Office Actions: $2,100
Appeals to the Trademark Trial and Appeal Board: $3,125
+ $100 USPTO Fee
Trademark Maintenance and Monitoring:
Once your trademark is registered, it’s your job to protect it and enforce your rights. To do so, you must file certain maintenance documents in a timely manner and actively police your trademark.
Trademark Monitoring Service: includes Case Analysis plus the initial Cease & Desist Letter to suspected infringers. Further pursuit of a trademark infringement case will require a litigation retainer and will be billed hourly.
$1850/yr or $175/mo
Trademark Maintenance: In addition to monitoring your trademark, certain maintenance documents must be filed to maintain your trademark registration. Failing to meet the USPTO deadlines will result in the cancellation of your trademark.
5-Year Trademark Filings: $600 per mark
(Section 8 Declaration of Use and Section 15 Declaration of Incontestability)
+$300 USPTO Fees per class
10-Year Trademark Filings: $850 per mark
(Section 8 Declaration of Use and Section 9 Renewal)
+$400 USPTO Fees per class
Other Trademark Related Services:
Customs and Border Protection Registration: $400 per registration number
+$190 CBP Registration Fee (per registration number and per class of goods for trademark registrations)
Fictitious Name Registration / Renewal: $175
+$39 Secretary of State Registration Fee / $25 Renewal Fee
IP Licensing Agreement: $3,550
Add HIPPA Addendum / Business Associates Agreement: +$900
State Trademark Registration: $200
+$25 Secretary of State Fee
Trademark Assignment Agreement and Recording: $500
+$40 USPTO Fee / $25 Secretary of State Fee / Copyright Office Fees Vary
Work for Hire Agreement: $400
Traditional Hourly Rates
Where flat fees don't make sense, the Firm works on the traditional retainer basis. Unless otherwise noted, the Firm requires a replenishing retainer of $1,500/$750 for general business matters. The Firm bills at the hourly rate of $275 per hour for all attorney time and $125 per hour for all paralegal/law clerk time. The Firm bills in tenths of an hour increments. The Firm may from time to time require a larger replenishment in anticipation of significant work that the Firm reasonably believes cannot be covered by the standard retainer amount.