Search + Application Combo

William Lehner, Trademark Attorney

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We charge $700 plus government filing fees for a U.S. trademark application. This includes:

  • Comprehensive Trademark Search of federal and state trademarks in the U.S.;
  • Use of the Internet and USPTO resources to conduct the search;
  • Report of similar marks;
  • Legal Opinion written by a Trademark Attorney;
  • Attorney Consultation Time;
  • Completion of Search usually within a week;
  • Drafting and Filing of Trademark Application;
  • Responding to Minor Office Actions; and
  • Sending Registration Certificate, if one is issued.

The government filing fee for a U.S. trademark application is usually $275 per class of goods or services.

Owning a federal registration is the only proper way to use the ® symbol. The ™ symbol is appropriate for trademark applicants to use and it designates common law rights to the mark.

How long will it take a trademark application to register?

Lehner Law LLC will promptly follow up with you to gather information and file the application. It takes the government 4 to 6 months to issue a registration from a use-based application. An Intent-To-Use application will not register until use in commerce has begun. The government may issue office actions that slow down the process, but Lehner Law LLC will strive to work with you to respond to the office actions well before the 6-month deadline to respond to each office action so that your application registers quickly. If a third party opposes the application, it will be longer.

How much will a trademark cost?

A $475 comprehensive search is recommended before filing an application or adopting a trademark (included in the search+application combo). The U.S. is generally a first-to-use system, so sellers who have earlier uses of similar trademarks will have superior rights over people who enter the market later. While our knock-out search uncovers trademark registrations and applications, we would have to do a more extensive search to find common law uses.

Lehner Law LLC charges $400 to file a trademark application. In addition, the government filing fee is $275 per class of goods or services (included in the search+application combo).

A use-based application will have no extra costs for showing use. An Intent-To-Use application will need to pay for a Statement of Use and possible Extensions of Time to file the Statement of Use. We charge $300 per class to file the Statement of Use ($100 filing fee included). The deadline to show use my be extended up to 3 years. We do not charge attorney fees for extensions of time, but the filing fee for a 6-month extension is $125 per class.

Our application fees include responding to minor office actions at no extra attorney fee. We charge $400 to respond to a major rejection, which is that the mark is “merely descriptive,” “primarily a surname,” misleading, deceptive, or has a likelihood of confusion with a pre-existing mark. Major office actions can be predicted by a knock-out or comprehensive search.

Additional filings are required to maintain the registration of a trademark. If you do not make these filings your trademark will be considered abandoned by the US Government and all of your federal registration rights will be lost. Specifically, there are filings due between the fifth and sixth year of ownership, at the tenth year of ownership and every ten years thereafter. Lehner Law LLC charges $600 for the 5th year Section 8/15 Affidavit (which includes the $300 filing fee for one class). We charge $700 for the Sections 8 and 9 Renewals every tenth year from the registeration date (which includes the $400 filing fee for one class).

What benefits do Intent-To-Use applications have?

While more expensive, Intent-To-Use applications are a major loophole in America’s first-to-use system. You may file even before you use your mark, which means you can get an earlier application filing date than a possible competitor. This could mean your mark has priority over someone else’s if a legal conflict develops or could develop — at the USPTO or in the marketplace.

For more information about these advantages, see the Trademark Manual of Examining Procedure (TMEP) §§201.01201.02.

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