Trademark

"Your brand is the single most important investment you can make in your business."

Steve Forbes

No business exists without a brand. And protecting your brand with trademark registration should be a priority for you and a line-item in your budget. If you are starting a business without budgeting for trademark protection, you are under-capitalized. If you are running an existing business without budgeting for trademark protection, you are exposing yourself to unnecessary liability.

Why should I budget for Trademark registration?

Your branding is your identity. A registered trademark provides:

» The Legal Presumption of Ownership Nationwide

Without registration you may still have some common law trademark protection, but it may be limited to the geographic area in which you operate and may be difficult to prove if disputed. Registration fixes those issues.

» Protection Against Others Infringing on Your Mark

Without registration, potential infringers may not know your trademark exists. Even the USPTO's Examining Attorneys may not know. This could lead to an infringer using or -- worse -- registering a similar trademark, which means you may lose the right to use your trademark outside of a very limited geographic area. Registration not only puts others on notice that you own a particular trademark, but an Examining Attorney will see your registration and may use that to refuse a potential-infringer's application.

» The Right to Bring a Federal Lawsuit Against Infringers

Without registration, bringing a lawsuit for infringement will most likely land you in a state court unless you can satisfy some strict requirements. Registration gives you a fast-pass to Federal Court. It also allows you to record your registration with U.S. Customs to prevent the import of infringing goods.

FLAT FEE TRADEMARK REGISTRATION

If you have a brand, logo, or slogan that needs to be protected, the Flat Fee Trademark Registration is the easiest solution. As with all of the flat fee services provided at James Legal, the goal is to provide you with excellent service for a clear, predictable price. 

LET'S TALK COSTS

MY FLAT FEE:

$950

plus

USPTO FILING FEE:

$350

WHAT'S INCLUDED

1. Comprehensive Trademark Clearance Search to check for any existing conflicting trademarks that may prevent registration. If your first mark is flagged for a potential conflict, you will get one additional search for no additional charge.

2. Detailed Written Analysis of Your Mark to go over the results of the clearance search and to discuss potential issues that we may encounter during the application process.

3. Drafting and Filing Your Application for one mark in one class of goods or services. If you wish to add another class, add $550.

4. Status Updates during the application process. If you file on a 1(b) "Intent to Use" basis, add $350 for preparing and filing of your Statement of Use, and $350 for preparing and filing of any requests for extension.

5. Responses to Non-Substantive Office Actions.

6. Forwarding Your Registration Certificated once received.

INDIVIDUAL FLAT FEE SERVICES

All work will be completed directly by attorney Tanner James unless otherwise stated. 

TRADEMARK MONITORING - $500/year

Registering your trademark is not the end. In order to maintain strong protection, you must police your mark (i.e., ensure that other marks aren't infringing or confusingly similar) and you must file maintenance paperwork with the USPTO. With a Trademark Monitoring subscription, James Legal will monitor the USPTO trademark database for problematic applications, provide you with quarterly memos summarizing any findings, and provide reminders for upcoming maintenance filings.​

COMPREHENSIVE TRADEMARK CLEARANCE - $1075

With the aid of a third-party trademark clearance provider, I will conduct an extensive search for potential conflicting marks and you will receive a detailed opinion letter evaluating your mark. This is the same search provided in the Standard Trademark Package.

 

BASIC TRADEMARK SEARCH - $300

Less expensive -- and less expansive -- than a comprehensive clearance, this is what is often called a "knockout search." I will spend approximately one hour searching for similar trademarks and provide you with a brief memo highlighting the findings. This is a good option if you are just starting to develop a brand but have not yet committed significant time or money to it.

TRADEMARK APPLICATION ONLY - $900 ($550 + $350 USPTO Fee)

Like the name suggests, this is just for filing your trademark application for one class of goods/services and it includes the government filing fee. Add $550 for each additional class of goods/services. This is a potential value option if you combine it with the Basic Trademark Search. If you are filing on a 1(b) "Intent to Use" basis, add $350 for filing the Statement of Use or for filing a request for extension.

NON-SUBSTANTIVE OFFICE ACTION RESPONSE - Starting at $300

The USPTO Examining Attorney may identify issues with an application that are purely administrative in nature and will not require any legal argument to resolve. The $300 fee is per response and does not include additional fees that may be imposed by the USPTO, if any.

SUBSTANTIVE OFFICE ACTION RESPONSE - Starting at $900

The USPTO Examining Attorney may identify issues that require legal argument to resolve in your favor. In some cases this may involve multiple responses. Accordingly, this price can vary depending on the complexity of the situation. 

CANCELLATION or OPPOSITION - Starting at $1500 ($900 + 600 USPTO Fee)

If someone has registered or is attempting to register a mark that may infringe on your own mark, we can institute an action with the Trademark Trial and Appeal Board (TTAB) to oppose or cancel a registration. Although many of these filings result in default (i.e., you win because the other side fails to respond on time), there is a risk that they may turn into full litigation. In that circumstance, you will be billed at the standard hourly rate.

CEASE & DESIST LETTER - $900

If a potential infringer is identified, the first and arguably most powerful tool at your disposal is a Cease & Desist Letter ("C&D" for short). A properly-crafted C&D will identify the mark(s) at issue, notify the infringer of your rights, explain to the infringer how their behavior is violative of your rights, and demand prompt corrective action to avoid costly litigation. In many instances, a C&D is sufficient to remedy the issue.

ATTORNEY HOURLY WORK - $300/hr

In the event that your matter requires work outside of these Flat Fee Services, you will be billed at the standard hourly rate of $300.