What is a flat rate trademark application?

For certain trademarks, our firm offers a fixed fee for filing a trademark application and prosecuting the application from initial filing to registration. While each IP firm is different, our flat rate trademark application package is offered for marks that meet the following requirements:

  • must not be an Intent-To-Use (ITU) application – must be based on actual use in commerce [Section 1(a)] or foreign registration [Section 44(e)]; and
  • must not receive a substantive Office Action (e.g., refusal based on likelihood of confusion or mere descriptiveness).

Not all flat-rate trademark fees cover prosecution from initial filing to registration. For example, our firm offers flat fees for ITU applications that are not start-to-finish because an ITU application may incur variable costs depending upon the circumstances (e.g., the number of requests for extensions of time to file a Statement of Use).

The same principle applies to Office Action responses. While we offer flat rates for Office Action responses, we cannot guarantee that the USPTO will allow the application after only one reply. The trademark examining attorney may issue a second Office Action after reviewing your response to the first Office Action.

How much does a flat rate trademark application cost?

Our initial filing rate: $975 for the first class of goods/services, including our attorney’s fee of $700 class and the USPTO filing fee of $275 per class.

For each additional class, the additional cost is $625 including our reduced rate of $350 plus $275 in USPTO fees. These costs for the second and subsequent classes are the same regardless of whether you choose to file a single multi-class application or separate single class applications.

If and when the application matures into a registration, we charge a flat rate of $250 to send the registration and docket renewal deadlines.

What is not included in a flat rate trademark application?

While our firm offers flat rates for trademark prosecution in general, it is reasonable to expect additional costs beyond the initial filing if certain conditions arise.

Extension of time for filing a Statement of Use

An ITU applicant has six months from the date of the Notice of Allowance to file a Statement of Use. The applicant may file a request for 6-month extension of time. A maximum of five extension request may be filed, resulting in a maximum length of three years from the Notice of Allowance date to file a Statement of Use.

Responses to Substantive Office Actions

A start-to-finish flat fee would include responses to non-substantive Office Actions which may include the following:

  • revision to description of mark
  • revision to identification of goods/services
  • requested disclaimer of a term which the client agrees to generic or highly descriptive
  • request for more information about the goods/services

Responses to substantive Office Actions would not be included in our start-to-finish flat fee. Substantive Office Actions may include rejections based on likelihood of confusion or mere descriptiveness.

Trademark Opposition

A trademark opposition filed by a third party against a trademark application would lead to an entirely new proceeding before the TTAB.

The following two tabs change content below.
Vic Lin

Vic Lin

Startup Patent Attorney | IP Chair at Innovation Capital Law Group
We love working with startups and small businesses. I help entrepreneurs protect their intellectual property so they can reach their business goals.