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2007 Fees and Costs |
Many law firms typically bill by the hour for most intellectual property matters. The problem with this system is that your final cost for obtaining a trademark or copyright registration is uncertain and open ended. Under our system, we charge flat, fixed and predictable rates for most matters. Since the prosecution of trademark applications comes in phases, you only pay for the particular phase that you authorize us to handle. AN ADVANCE PAYMENT FOR ALL FLAT FEE MATTERS IS REQUIRED. A COST DEPOSIT/RETAINER MAY BE REQUIRED FOR HOURLY BILLING ARRANGEMENTS. We accept VISA, MASTERCARD, AMERICAN EXPRESS and DISCOVER credit cards. You may also pay by check, money order or wire transfer if you prefer. There are some types of matters that we must charge by the hour such as trademark cancellation proceedings, oppositions and litigation. The reason is because these types of matters often contain facts and circumstances which make it too difficult to come up with an accurate flat fee structure. In such cases, however, we will give you a good faith estimate of the total cost. TRADEMARK SEARCHING PACKAGES If you have made the decision to have a trademark search conducted prior to filing your federal trademark application, we have the following types of searches to choose from: 1. FEDERAL IDENTICAL MARK ONLY SEARCH: For WORD marks, we will conduct a federal Patent and Trademark Office search for conflicting marks and give you an oral report over the phone or via an email. This type of search will give you a quick "thumbs up" or "thumbs down" without having to order a more substantial search. However, the following important points must be noted: A. THERE ARE NO GUARANTEES THAT ANOTHER PRIOR COMMON LAW USER OF A SIMILAR MARK WILL NOT INTERFERE WITH YOUR RIGHT TO USE YOUR MARK ON A NATIONWIDE SCOPE EVEN IF YOU SHOULD ULTIMATELY OBTAIN A FEDERAL REGISTRATION! B. WE DO NOT RECOMMEND PROCEDING WITH USE OR REGISTRATION OF A MARK WITHOUT CONDUCTING A FULL AVAILABILITY SEARCH. C. We charge $100 for a federal only search. If you opt to hire us to file a trademark application, the cost of the federal search is applied to the cost of the trademark application. Discounts are available for multiple marks. 2. BASIC U.S. TRADEMARK SEARCH: Under this search package, we will search for WORD marks on file or registered with the United States Patent and Trademark Office as well as all 50 state trademark offices. We will provide you with an analysis of the search and copies of all marks which may be problematic. If you choose to proceed with an application after having a Basic Search conducted, PLEASE NOTE THAT THIS SEARCH WILL NOT REVEAL UNREGISTERED COMMON LAW MARKS THAT COULD POSE A PROBLEM WITH YOUR RIGHT TO USE YOUR MARK NATIONWIDE. The COST for the Basic Trademark Search Package is $450. Our normal turnaround time for this type of search is 3 days or less. If time is of the essence, you may order rush service for an additional $100 to the Basic Search fee mentioned above. Results will be provided to you within One (1) business day. This package does not include a search of DESIGNS or LOGOS either with or without words. DESIGNS MUST BE SEARCHED SEPARATELY for an additional charge of $300. 3. STANDARD U.S. FULL AVAILABILITY TRADEMARK SEARCH: This package includes a search of applications and registrations on file with the U.S. Patent and Trademark Office, a search of all 50 state trademark offices as well as unregistered common law marks from such sources as national business and telephone directories, Dun and Bradstreet reports, general periodicals such as magazines and newspaper articles, industry specific trade journals and publications and Internet domain name registrations. Again, an experienced trademark attorney will review the search data and will provide you with a written analysis and possible recommendations. You will also receive a bound copy of all of the search data. As with the Basic Search, the full availability search is for WORD marks only. Designs and logos must be searched separately. The FEE for a U.S. Full Availability Search is $1000. Standard turnaround time is within 5 to 7 business days. We will send your written analysis and search data via prioirty mail unless you specifically want overnight delivery in which case the cost for the delivery charge is additional. If you have already ordered and paid for a full availability search from a company such as NAMEPROTECT, THOMPSON & THOMPSON, or CORSEARCH, for example, and you want us to review the search data and give an analyis or opinion of the results, our fee is $500. If time is of the essence, searches can be ordered for next day or two business day turnaround. Please call for a quote if you need rush service. International searches: If you are thinking of filing an International application under the Madrid Protocol and desire a search, the cost will vary depending on the number of countries involved. Please contact us for a quote. 4. DESIGN AND LOGO SEARCHES: Designs and logos, whether they include words or not, are more time consuming to search. Note that it is not possible to search state on unregistered common law marks for designs only. We now have a design mark flat fee of $300 per mark. The search is limited to a single International Class of goods and services. Addtional classes are an additional $50 each. 5. DISCOUNT FOR MULTIPLE SIMULTANEOUS SEARCHES: If a search of more than one mark is ordered and searched at the same time, we have discounts available depending on the number of searches ordered. If the result of a search for a single mark is unfavorable, and a new search is ordered for a new mark under any of the above packages, the FULL AMOUNT FOR THE SELECTED PACKAGE WILL BE CHARGED FOR THE NEW SEARCH. International Trademark Searching: For those thinking about filing an international trademark under the New Madrid Protocol System, it is highly recommended that a search of the applicable country or countries be conducted. Costs for searches vary depending on the number of countries selected. Return to Top TRADEMARK APPLICATION FEES AND COSTS The following are our fees and costs associated with the trademark prosecution process. 1. STANDARD APPLICATION PREPARATION AND FILING: Upon receipt of all necessary information from you to complete the application, including the receipt of specimens (if the mark is in use), a drawing of the mark if it contains a logo design and the required fees, we will prepare for your review and signature an application within 2 business days. We will file the signed application within 1 business day after receipt from you. Our fee for this phase is $425 per mark for a single class of goods and services and $50 for each additional class which are filed AT THE SAME TIME. You are also responsible for payment of the PTO filing fees which at the present time range between $275 to $325 per mark. International Applications filed with a U.S. Application (Madrid Protocol): Our fee for preparing and filing an application under the New Madrid Protocol System is $425. The applicable filing fees for the selected countries are additional. The amount of the fees will vary depending on the number of countries selected. 2. FEES FOR DEALING WITH THE PTO: If the PTO does not approve your application on initial examination, and we must file a response or enter into a telephone conference with the examining attorney to resolve the problem, our fees will be as follows: A. SUBSTANTIVE PROBLEMS For substantive refusals to register any particular application, we will notify you of the receipt of an office action and give you our analysis of the difficulty of overcoming the objection. This part is FREE OF CHARGE TO YOU. If, however, you want us to file a response, we will charge based on a sliding scale fee ranging from $200 at a minimum to $1000 at a maximum. If multiple applications are filed for the same mark and one application has problems that are relatively simple to correct while another has more substantial problems, then the fees charged for each application will be different depending on the degree of difficulty of the respective matters. Substantive refusals include, but are not limited to, any refusal to register under Section 2 of the Trademark Act (i.e., likelihood of confusion, mere descriptiveness, surnames, geographic descriptiveness/misdescriptiveness, deceptive, scandalous, failure to function as a mark). It also includes problems with the specimens of use. The said fee scale will apply and be assessed for responding to each and every office action issued by the PTO examiner that you choose to have a response filed. International Applications: If any one or more foreign trademark offices refuse registration, it will be necessary for us to use the assistance of an attorney in the particular country to respond. Fees will vary depending on the particular country or countries involved. We will provide an estimate prior to doing any work. B. MINOR TECHNICALITIES For minor problems which can usually be resolved in a telelphone conference with the examining attorney and the issuance of an examiner's amendment, OUR FEE WILL BE $100. If multiple applications for the same mark are filed and the only issue raised is the same technical issue, there will be a $50 charge per each additional class. The above fee is qualified by your willingness to agree to the requested corrections by the Examining Attorney. For example, if the examiner requests a disclaimer of descriptive matter or requests a change in the identification of goods and services and you elect to contest the disclaimer or the amended identification which necessitates filing a written response to challenge the examiner's decision, then the fee scale discussed above for SUBSTANTIVE PROBLEMS WILL BE APPLIED. 3. FEES FOR POST NOTICE OF ALLOWANCE DOCUMENTS: If an application or applications are filed based on "intent-to-use" and a Notice of Allowance is issued the following fees schedule will apply: A. STATEMENT OF USE: Our fee for preparation and filing of the Statement of Use is $175 per mark plus the PTO filing fee of $100 per class of goods and services per mark. For multiple classes in a single application or multiple applications for the same mark in different classes, there is an additional charge of $50 per class if the STATEMENTS OF USE ARE PREPARED AND FILED AT THE SAME TIME. Otherwise, the full $175 will be charged for subsequent Statements of Use for the same mark. If a Statement of Use is examined and another office action is issued, then the fee scales discussed above in connection with prosecution of the application will be applied and will be additional to the fees charged for preparing and filing the Statement of Use. B. REQUESTS FOR EXTENSIONS OF TIME TO FILE A STATEMENT OF USE: If a request for an extension of time to file a Statement of Use must be filed, OUR FEE is $125 for a single class application and the PTO filing fee of $150 per class. If multiple applications are filed for the same mark in different classes and all have Notices of Allowances issued, our fee will be $125 for the first extension request filed and $50 per additional class filed at the same time. If the extensions are not filed at the same time, then the full amount will be charged for each extension. Since up to five extension requests may be filed per application, our fees will be charged as discussed in this paragraph FOR EACH SUCCESSIVE ROUND OF EXTENSION REQUESTS UNTIL A STATEMENT OF USE IS FILED FOR EACH APPLICATION. 4. REQUESTS FOR RECONSIDERATION AND APPEALS TO THE TRADEMARK TRIAL AND APPEAL BOARD: Applicants may request an examiner to reconsider his or her decision after a FINAL OFFICE ACTION. If you wish for us to file a Request for Reconsideration, our fee is $800 per request filed. Note, however, the Requests for Reconsideration do not SUSPEND THE TIME FOR FILING A NOTICE OF APPEAL AFTER A FINAL OFFICE ACTION. If you choose to appeal a decision of an examiner to the Trademark Trial and Appeal Board our fee for PREPARING THE NOTICE OF APPEAL AND WRITING THE APPEAL BRIEF WILL BE $1,800 PER APPLICATION APPEALED. The PTO filing fee of $100 per class for filing a Notice of Appeal is in addition to our fees. Appeals can be determined by the written briefs alone, however, all applicants have the right to request oral argument before the TTAB. If ORAL ARGUMENT is requested, then we will charge HOURLY RATES for preparation for and attendance at the oral argument. Additionally, you will be expected to pay for all of our reasonable and necessary travel expenses to Washington, D.C. A cost deposit for travel expenses may be requested in such event. 5. OPPOSITION AND CANCELLATION PROCEEDINGS: Requests for Extensions of Time to Oppose: These requests can be filed in circumstances where extra time is needed in order to evaluate whether or not to file an opposition against another party's application. There is no PTO filing fee for requests for extensions of time to oppose. Our fee for preparing such requests is $150 per extension request. Oppositions and cancellations are in the nature of litigation. We have a BLENDED FIXED FEE/HOURLY FEE ARRANGEMENT for these matters. If you want to oppose or cancel another party's application or registration, OUR FEE for drafting the Notice of Opposition or Petition for Cancellation is $350 per mark plus the required PTO filing fees. If someone is opposing your application or petitioning to cancel your registration, OUR FEE for drafting the initial response is $300 per mark. (There are no PTO filing fees for a response unless you include a counterclaim against the other party). After the filing of these initial documents, WE WILL CHARGE HOURLY RATES AT THE RATE OF $200 PER HOUR. An advance retainer and/or cost deposit may be required. 6. POST REGISTRATION DOCUMENTS: After your registration is issued, there are certain documents that must be filed at periodic intervals to maintain the registration. Failure to file such documents will result in the cancellation of your registrations by the PTO WITHOUT ANY ADVANCE NOTICE TO YOU! A. DECLARATION OF CONTINUED USE (Due between the fifth and sixth year anniversary of the registration): OUR FEE for preparing and filing this document is $300 per mark plus any applicable PTO filing fees and late fees. B. COMBINED DECLARATION OF USE AND INCONTESTABILITY (Due between the fifth and sixth year after registration): If you have had five consecutive years of use you can include a Declaration of Incontestability (a very valuable benefit for litigation purposes). OUR FEE for preparing the combined declaration is $350 plus the applicable PTO filing fees. C. APPLICATION FOR RENEWAL: This document is due every 10 years after registration. The application for renewal is combined with another Declaration of Use. Our fee for preparing and filing these documents is $350 per mark plus the applicable PTO filing fees. 7. ASSIGNMENTS OF APPLICATIONS/REGISTRATIONS: If an assignment or ownership name change must be filed for trademark applications or registrations, OUR FEE is $150 for preparation of the assignment document or name change and the PTO recordation sheet plus the PTO filing fee of $40 for the first mark and $25 for each additional mark included in the same document. 8. MISCELLANEOUS SERVICES: For anything not specifically mentioned above as having an applicable flat fee, our fees will be based on HOURLY RATES at the rate of $200 per hour. An advance retainer and/or cost deposit may be required in an amount to be determined after an initial consultation about the nature of the work. Return to Top DOMAIN NAME DISPUTE SERICES We handle Uniform Domain Name Dispute Resolution Policy (UDRP) cases. Whether you are a petitioner or a respondent in a UDRP case, OUR FEE for preparing and filing a complaint or response is $3,000. Filing fees for the particular dispute resolution provider are extra and vary significantly between the provider used and the number of domain names in dispute. Please note that if the UDRP decision is appealed to a district court or if parallel litigation over the domain name dispute begins, the above fee does not cover the litigation. This will be billed on an hourly basis. Return to Top COPYRIGHT SERVICES We can draft and file copyright applications as well. Like the trademark application forms, copyright forms can also be deceptively simple. An experienced lawyer can help guide you through the process to make sure that your copyrights are properly registered. Our fee for preparing and filing a copyright application with the Copyright Office is $175. The copyright office filing fee of $45 is included. We can also provide assistance with other copyright documents such as "Work For Hire" agreements, licenses and assignments. Please call for a quote if you need this type of assistance. Return to Top BUSINESS FORMATION SERVICES If you are located in Texas, Arkansas, or Tennessee, we can prepare the necessary documents to for a business entity such as a limited liability company or a corporation. This includes the articles of incorporation or organization for a LLC, bylaws, resolutions, organizational meeting minutes, and shareholder or LLC membership agreements. Our fee for preparing these documents is $500 plus any applicable filing fees. Any additional services such as attendance at organizational meetings or further work beyond the formation will be billed at an hourly rate plus reasonable necessary expenses. The cost of printing share certificates and ordering a corporate book and corporate seal embosser is extra, but the cost typically runs about $70. Return to Top |
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