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. A flat rate trademark application provides you with some certainty in budgeting for trademark registration. Keep in mind that the review of your trademark application by the USPTO trademark examining attorney may lead to issues which may incur additional fees to resolve.
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: $1,000 for each class of goods/services, including our attorney’s fee of $725 per class and the USPTO filing fee of $275 per class. Our $725 flat fee covers a knockout search in your particular class ($375 value) plus preparation and filing of the trademark application ($350 value).
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.
A trademark opposition filed by a third party against a trademark application would lead to an entirely new proceeding before the TTAB.
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