Trademark Registration, Prosecution, and Counseling

Clearance and Filing, at Flat Fees

Most flat-fee trademark packages include only a basic “knockout” search. Ours do not. Every AMBART LAW clearance includes a comprehensive search of the USPTO’s database of registered marks and common law marks—unregistered marks that can still block your registration during the publication phase—along with a written report and in-depth counseling on what we find.

The above rates apply to marks in use in commerce and to “intent to use” applications. Our flat fees do not include the USPTO’s filing fees, which are currently $350 per class (and $150 per class for an intent-to-use statement of use). We submit payment for these fees with your application, but you are solely responsible for them. Specimens beyond the 5 included in your package are prepared at our office-action hourly rate below.

Office Actions and Examiner Communications

After your application is filed, the USPTO’s examining attorney may issue an office action—anything from a request to amend your description of goods, to a substantive refusal under Section 2(d) (likelihood of confusion) or Section 2(e) (descriptiveness). No two office actions are alike: a simple amendment may take under an hour, while a substantive refusal can require evidence gathering, declarations, and a full response brief.

Because the scope varies so widely, we bill office actions, appeals, responses to examiner requests, and consent agreements with other trademark holders at $450 per hour. Before we begin, we will always give you a written estimate for your office action—so you can make an informed decision before any work starts.

Proceedings Before the TTAB

All proposed trademarks that are not withdrawn are published in the USPTO’s Official Gazette for 30 days—the publication phase. Sometimes, a third party challenges the proposed registration during this phase by filing a Notice of Opposition.

You can respond to a Notice of Opposition yourself, but we strongly advise retaining counsel: an opposition proceeding is a legal proceeding similar to a lawsuit, with a complaint, an answer, discovery, and a trial brief. Additional services—negotiating a consent agreement, litigating objections—may be needed along the way. We handle TTAB proceedings at our discounted litigation rate of $550 per hour.

U.S. Counsel for Foreign Applicants

If you are seeking U.S. registration of a foreign-registered trademark, the USPTO requires a U.S.-licensed attorney to represent you in all communications with the Office—including office actions. We are pleased to serve as U.S. counsel at a rate of $500 per hour.

Transferring or Renewing