trademark registration, prosecution, and counseling
TRADEMARK APPLICATIONS
BASIC
For a flat fee of $1,250, we will prepare your trademark registration application, in up to two classes (categories of goods / services; for example, business services, clothing).
This includes the preparation of specimens of use and any accompanying declarations that are necessary for your trademark application. Each additional class of goods / services will incur a fee of $325 per class.
This flat fee includes a basic “knock out” search to see if there are marks that are the same or similar already registered with the U.S. Patent & Trademark Office.
BRONZE
For a flat fee of $1,950, you will receive all of the above, AND:
A comprehensive search of both the TESS database of registered trademarks as well as of common law trademarks (which are not officially registered but may present an obstacle to your registration during the Publication Phase), and we will provide you with a report on our findings, along with in-depth counseling.
If the same or similar trademark already exists, we will counsel you on what your options are, and we will run a report on one additional potential mark at no cost.
GOLD
For a flat fee of $2,500, you will receive all of the above and:
Your comprehensive search expanding into the WIPO database, to identify and analyze foreign marks.
We will monitor your trademark on the USPTO registry (against similar marks/applications) for one year from registration.
The above rates apply to both marks you are using in commerce and “intent to use” applications. The rates, however, are not inclusive of the U.S. Patent & Trademark’s Filing Fees. These fees are in the amount of $250-350 per class, depending on the type of application you require, and $100 per class for an intent to use application. Although we will submit payment for these fees when we submit your application, you are solely responsible for the U.S. Patent & Trademark Office’s fees, and AMBART LAW's flat rates do not include the USPTO's separate fees.
DISCOUNTED RATES FOR ANCILLARY WORK RELATED TO THE APPLICATION
After the initial filing, any office actions, appeals, or responses to the examining attorney’s requests will be billed at a discounted rate of $350 an hour. Similarly, if you require a “consent” agreement from another trademark holder to file your application, this work will be performed at a discounted rate of $350 an hour.
TRANSFERRING OR RENEWING
We charge a flat fee of $750 to transfer ownership of a trademark, not including the USPTO’s fees. Our fee includes drafting of an IP assignment agreement, if you do not already have one. (The USPTO requires an IP assignment agreement for most transfers.)
We charge a flat fee of $350 to renew an existing trademark, which includes the filing of a declaration of incontestability, if applicable.
TRADEMARK PROSECUTION
PROCEEDINGS BEFORE THE TTAB
All proposed trademarks that are not withdrawn are published in the USPTO’s Official Gazette for thirty days. This is called the publication phase. Sometimes, third parties challenge the registration of the proposed trademark during this phase, by filing a “Notice of Opposition” to the pending trademark.
You can respond to the Notice of Opposition yourself, but it is highly advised that you retain a lawyer, because an opposition proceeding is a legal proceeding similar to a lawsuit--with a complaint, an answer to the complaint, discovery, and finally a trial brief. During this time, additional services may be needed, such as negotiating a consent agreement or litigating objections. We can handle such proceedings for you at our discounted litigation rate of $450 / hour.
EXTRA-TERRITORIAL OR FOREIGN TRADEMARKS
U.S. COUNSEL
If you are seeking U.S. registration of a foreign-registered trademark, you will need a U.S.-licensed attorney to represent you in the communications with the USPTO, including office actions (which is when the examining attorney either asks that you amend how you describe your goods or may even find that your intended registration in the U.S. conflicts with an already-registered mark). We are pleased to extend a competitive rate of $400/hour for potential clients seeking U.S.-licensed trademark counsel.