What is a flat rate trademark application?
Our firm offers fixed fees for filing trademark applications. A flat rate trademark application provides you with some certainty in budgeting for trademark registration. Keep in mind that the examination of your trademark application by the USPTO trademark examining attorney may lead to refusals or inquiries which may incur additional costs.
Our flat rate for the initial filing would not cover the following:
- a Statement of Use or extension of time in an Intent-To-Use (ITU) application;
- a substantive Office Action (e.g., refusal based on likelihood of confusion or mere descriptiveness);
- reporting a trademark opposition or an extension of time to oppose filed by a third party.
It may be possible for our initial flat rates to cover a trademark application from start to finish depending upon the circumstances. For example, a use-based application that is allowed without any Office Actions or oppositions would not generate any additional fees.
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: $950 for each class of goods/services, including our attorney’s fee of $600 per class and the USPTO filing fee of $350 per class. Our $600 flat fee does not cover a knockout search of similar marks ($500 per class).
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. For example, our flat fee does not cover a knockout search of similar marks ($500 per class). The following is a representative list of tasks would incur additional costs.
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 Office Actions
Office Action responses are not included in our start-to-finish flat fee. Office Actions with substantive refusals may typically include rejections based on likelihood of confusion or mere descriptiveness. Such substantive Office Actions would require more effort, and thus a higher cost, to respond.
Trademark Opposition
A trademark opposition filed by a third party against a trademark application would lead to an entirely new proceeding before the TTAB.
Vic Lin
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