Federal Trademark Registration Budget Estimate
Known as Schedules A B to the Attorney Client Fee and Representation Agreement
Assumptions
All Trademark artwork is completed, with a blackline drawing on white A4 or letter size paper (8 ½ X 11 inches), with trademark itself 2 ½ to 4 inches in size (only applicable for designs graphics, logos, not word marks or slogans). Colors need to be identified by specific section lining under Trademark rule 37 C.F.R. 2.52. We have drafting subcontractors who charge approximately $150.00 a sheet, which is typically what a trademark drawing would cost, however, a separate quote would be required if rule 2.52 drawings are not completed, wherein your trademark drawing costs may be more that $150.
Registration will be for the United States only.
Filing either an “actual use” application or an “intent to use” application.
On “actual use application” client provides “use” affidavits and trademark use specimens; such as shipping records, invoices, sales brochures, product, or product packaging all showing the good or service associated with the trademark as used in interstate commerce with a first use date identified. Note that for United States registration, interstate use must be shown, not just intrastate use. Also, product sales using trademark are required, promotional activities alone are insufficient for “actual use”.
On an “intent to use” application, the mark is reserved for a maximum of 36 months with good cause and additional fees, and during this time a “use” affidavit and specimens as defined above, must be filed either within 6 months of the notice of allowance, after which requests for up to five, 6 month extensions of time are required. The “use” affidavit and specimens are required for the mark to mature into an actual registration.
Trademark maintenance is shown as an additional charge, consisting of the proof of use affidavit between the 5th and 6th year after registration.
Trademark renewal is shown as an additional charge, consisting of an affidavit filed every 10 years from the registration date onward.
Post registration infringement watch is not included.
Use protection to prevent the trademark from becoming “generic” is not included. Note always use the trademark as an adjective, not a noun or verb, i.e. always follow your trademark with a description such as “Kleenex® brand tissues” never use “Kleenex” or “Kleenex®”.
Assistance with commercial exploitation of the trademark is not included.
Requirements;
Entity name to register as trademark owner / applicant.
Registered agent address.
Drawing as specified above (if applicable).
Trademark.
Declaration by authorized agent of the entity that the mark is used or will be used in commerce and that to the declarant’s knowledge no other entity has a similar mark.
Use affidavits and specimens (only required if a “use” trademark application, these can be submitted later if an “intent to use” trademark application).
U.S. Patent & Trademark Office current (USPTO) fees, per class of goods or services (Not including attorney fees unless otherwise specified):
Filing fee for each class of goods or services. $325
Filing “use” affidavit, per class of goods or services $100
Filing six (6) month extension of time for filing “use” affidavit,
again per class of goods or services $150
(after filing “intent to use” application then after notice of allowance, which gives 6 months open response time and then up to five, 6 month extensions allowed equaling 36 months maximum)
Filing incontestability affidavit at 5 years, per class of goods or services $200.00
Filing “use” affidavit at 5 years, per class of goods or services
$100.00
Filing for ten (10) year affidavits renewals, per class or goods or services $400.00
Typical foreign trademark office national fees, per class of goods or services (Not including local trademark agent fees unless otherwise specified)
A single country (foreign trademark office fee only) $500.00
Attorney fee, per country (forms only – no search or opinion) $500.00
Alicante office fee filing for EU countries $8,000.00
Madrid Agreement / Protocol
Single class of goods or services in all member counties $6,210
All classes of goods and services in all member countries $67,000
Note these are just estimates and do not include assignments, color trademarks, or other services, also fees are originally quoted in Swiss Francs CHF (for Madrid Protocol), thus currency exchange rates (for Switzerland and other countries) can cause foreign trademark filing fees to fluctuate also.
Trademark search for trademark clearance in the U.S.
Thomson and Thomson per class.
Prescreen search $360.00
To eliminate directly conflicting and phonetically identical marks.
From classes related to your product or service. (Includes: Federal and state trademark registers and pending applications, plus common law items of:
Dunn & Bradstreet, phone directories, trade directories, and web domains. Only includes identical and phonetically identical marks.
United States Full Search $550.00
Prior to filing application, (Includes: Federal and state trademark registers and pending applications, IP citations [cases and regulations], and common law items of:
Dunn & Bradstreet, phone directories, trade directories, and web domains. All classes are searched for identical marks, phonetic equivalents, and variant spellings, and confusingly similar marks in classes relevant to your product, service or industry. This is to ensure mark is new and unique for a stronger market identification, an easier prosecution through the Trademark Office examination process, and that the client is not risking willful infringement with the new mark.
Additional costs:
Design search [logo]- federal only, includes similar. $550
Per added class of goods or services. $205
International trademark search
European Union $8,180
Search cost per European country $725
Pacific Rim $4,380
International connotation search (for linguistic meaning / slander issues for your proposed trademark)
Connotation search for Europe $1,200
Connotation search for Japan and China $1,800
Colorado search included
Search Disclaimer
There is no guarantee that every applicable prior art mark will be discovered as there are searcher oversights, electronic, physical, and otherwise filing errors for the searched databases, or other mistakes that may result in an applicable mark not being found during the search. The not located prior art mark(s) that are confusingly similar to your new mark may manifest themselves in a cite by the Trademark Office Examiner, or in an opposition action, or in a cancellation proceeding. If this occurs, we would then decide upon the best strategy to deal with the prior art mark(s).
Trademark Attorney work product follows:
These fees are for attorney work product and are in addition to USPTO and search fees. In addition, the legal fees are only up to the first (1st) office action of the USPTO, it is impossible to know at this time if there will be any conflicting prior art or an opposition or cancellation proceeding to the trademark registration, which will require added time and expense to pursue trademark prosecution beyond the 1st office action for all parties involved to overcome the trademark rejection.
A conservative estimate for the added attorney fees for trademark prosecution beyond the 1st office action would be an additional $1,500 not including any appeals, oppositions, or cancellation proceedings.
Preparation and filing of the following USPTO forms $1,625.00
consisting of the following:
Advise in trademark creation & alternatives.
Review of pre-screening search (identical) – cannot give opinion pre-screen search only.
Complete U.S. full search (similar and abandoned).
Colorado database search
Trademarkability opinion based upon all search results to recommend filing a trademark application or revising the trademark.
Meeting with client on trademarkability opinion to decide whether to file or not.
Trademark application preparation
Trademark application filing
Declaration
Filing receipt
Typical overall cost summary for one United States only Trademark Registration for one class of goods or services:
[time] (cumulative cost)
USPTO filing fee. $325 [0 months] ($325)
Filing “use” affidavit, per class. $100 [0 months] ($425)
(can be filed later after approval)
United States Full Search. $550 [0 months] ($975)
Attorney fee (as detailed above) $1,625 [0 months] ($2,600)
Attorney prosecution fee (may be more or less), includes “use” affidavits, “intent to use” affidavits, responses to Trademark Office actions, time extensions, etc.
$1,500 [6 months] ($4,100)
Appeals to Trademark Trials and Appeals Board (TTAB)
(optional, not included in cumulative totals) [12 months]
USPTO fee $100
Attorney fee $5,000.00
(Briefed and argued in front of USPTO in case of final refusal by Trademark Office Examining Attorney to try to persuade the TTAB to allow your trademark)
Opposition defense is when a 3rd party objects to your trademark registration during the publication period, being only worthwhile if you have a significant investment in your trademark.
Opposition defense (optional, not included in cumulative totals) [12 to 18 months] $50,000 for full litigation.
Federal Trademark Registration (assuming no appeals or opposition) [12 to 18 months]
Trademark maintenance cost (not including any appeals or oppositions in cumulative costs)
Filing and preparation of “use and incontestability” affidavit, per class or goods or services
USPTO fee $300 [5-6 years] ($4,400)
Attorney fee $300 [5-6 years] ($4,700)
Trademark renewal and affidavit preparation fee, per class of goods or services [every 10 years continuing for as long as the trademark is in interstate commerce]
USPTO fee $400.00 ($5,100)
Attorney fee $400.00 ($5,500)
The legal fees can be fixed at the time of the Attorney-Client fee and Representation Agreement for a set amount of legal duties. The U.S. Trademark Office fee’s and foreign Trademark Office fees are subject to change beyond our control. Also the patent draftsman fees and other 3rd party service provider fees are subject to change beyond our control. In addition, foreign estimates are made based upon a then current exchange rate thus further causing the foreign patent office fees and attorney fees, and other foreign 3rd service provider fees to fluctuate. Costs do not include, travel or other outside expenses. Other incidental, actual out of pocket costs and expenses are per the Attorney-Client fee and Representation Agreement.
Attorney hourly fee $150.00
Estimated copy costs $25.00
Estimated Express Mail per occurrence $25.00