For illustration purpose only. Actual timeline varies.
Estimated total: $1,250 (to register a mark in an international class)
$100 (availability retainer to book an appointment) + $250 (due at the conclusion of 2-week consultation period) + government fees of $350 (application fee) + $200 (only if your trademark registration is allowed) + government fees of $150 (allegation of use fee) + $200 (when your trademark is registered)
International class refers to NICE Classification, which is an international classification of goods and services adopted and used by the USPTO. There are 45 classes in total. Most brands need to be registered in only one class, but fashion brands, for example, often carry โleather goodsโ (Class 18) in addition to โclothingโ (Class 25). Nonetheless, for startups, we often recommend choosing a single class that covers your flagship products for trademark registration purpose.ย โฉ๏ธ
For each payment due, you will be guaranteed up to 20 minutes of attorney’s time reserved for you. It typically translates to 3-5 email inquiries or 2-3 quick phone calls. More specifically, the No Commitment service is divided into four stages which is followed by a payment: (1) mandatory 20-min phone consultation, (2) 2-week period to resolve a mark, (3) USPTO examination, and (4) post-allowance filings. In each stage, you will be promised to have your attorney available for up to 20 minutes to provide legal advice, opinion, and other consultation including up-to-date status report of your case. The time limit does not apply to attorney’s engaging in necessary work to move your case forward. It rather protects our fee structure by preventing few clients take up too much of attorneys’ time with unreasonable demands, such as a request to clearance search dozens of very distinct and unique trademarks in disguise of changing minds. โฉ๏ธ
You’ll be given two weeks after the initial phone consultation to make a firm decision on what to register. IPfever attorneys can assist you in the process, but the decision is yours to make. You must communicate the decision at the end of the two-week period even if you missed the phone meeting. โฉ๏ธ
FAQs
How IPfever is different from other trademark registration services?
There are legal service (1) platforms and (2) agencies, advertising trademark registration online.
(1) Platforms offer cost savings for clients based on their pre-negotiated pricing for attorney’s fees. You’re eventually working with freelancing lawyers or entry-level lawyers at a law firm, and you are not really hiring lawyers because the platform is outsourcing tasks piecemeal.
(2) Agencies can be supervised by an attorney or outright illegal practices. When you don’t see an attorney’s name associated with a legal service, you should suspect unauthorized practice of law, which is illegal in all states and the DC not to mention that the US Patent and Trademark Office does not allow non-lawyers to represent a trademark applicant. If you see an attorney’s name, you may want to make sure the attorney’s actually behind the service and what responsibility is taken by the attorney personally.
IPfever is a law firm. We automate tasks typically performed by administrative staff, but you’ll be in a close, personal touch with your attorney. We are offering flat pricing online to shift the risk from uncertainty to lawyers who are better positioned.
What are the government fees?
We’re talking about the fees charged by the United States Patent and Trademark Office (USPTO). There could be rare instances where clients are subject to fees other than listed below, but as long as they are more than the attorney’s fees paid by you, you’ll owe nothing. Furthermore, if you incur government fees due to your attorney’s negligence, miscommunication, or any fault (e.g. late fees), your attorney will pay them out of their own pocket.
All government fees are calculated per mark that is for goods/services that can be categorized in a single International Class (e.g. clothing items belong to a different Class than cosmetics).
$250 application fee
$100 extra application fee for goods/services that have yet been identified by the USPTO.
$100 statement of use fee: If you haven’t sold your goods at the time of filing an application, you need to file a statement of use after your application is approved along with $100 government fee.
$125 extension of statement of use fee: You must submit an adequate statement of use within 6 months once your application is approved. If you need more time, you can file 6-month extension for filing statement of use. You can extend up to 5 times, and each time you pay $125 government fee.
After the initial phone meeting, in addition to provide all necessary information promptly, your attorney will stay on your side (i.e. all your follow up questions via email will be answered within a business day) to help you decide the exact nature, type, and design of your mark to be registered and the product/service category (international class and U.S. identifications of goods/services), among other things.
If you cannot make up your mind within the two-week period, you will be automatically deemed not wishing to move forward. Still, the knowledge and experience you obtained during that period should worth far more than the $100 you paid so far.
What happens if my application is denied? Will there be additional charges?
In many cases, a refusal of registration involves minor technicality or miscommunication between you and your attorney. It can be resolved easily with filing a written amendment or placing a phone call with the trademark examiner. No extra cost to you, in this case.
However, some refusal grounds such as likelihood of confusion with other trademarks are not easy to overcome. If you decide to overcome such refusals, there’ll be extra cost. Truth to be told, most clients decide not to pursue that route when the USPTO has a strong ground for refusal.
In any case, your attorney will keep you informed about the likelihood of success and, if applicable, estimated cost.
Can I use your service even if my business is located … ?
We are an Atlanta-based law firm, but for USPTO trademark registration, which is exclusively governed by the federal laws, you may use our service from outside Georgia, including other countries. If you have legal matters related to other aspects of business or a lawsuit, find a local attorney in your area.
How long does trademark registration take?
Once your application is filed, you get a priority date and a U.S. Serial No., which blocks others from filing for the same or similar names and allows you get into Amazon Brand Registry, respectively. The examination of your application typically takes about 9-12 months, and it may require 2-3 months of additional time if you file your application prior to actually start selling your products in the U.S. market.
Can I file international trademark applications with IPfever? (WIPO, MADRID)
No. The World Intellectual Property Organization (WIPO) simply accepts a trademark application and relay it to many member countries under the Madrid System. While you can get the priority date for multiple countries at once, you really need to go through the same procedural and representation requirements for applications in each country, including the U.S. Hence, you end up paying extra fees in addition to the same (or more) USPTO fees for the mere convenience of establishing a prior date by filing and paying for an “international” application. You can directly file a U.S. application with us even if you are abroad.
International class refers to NICE Classification, which is an international classification of goods and services adopted and used by the USPTO. There are 45 classes in total. Most brands need to be registered in only one class, but fashion brands, for example, often carry โleather goodsโ (Class 18) in addition to โclothingโ (Class 25). Nonetheless, for startups, we often recommend choosing a single class that covers your flagship products for trademark registration purpose. โฉ๏ธ
Youโll get a full refund of the Service Fee if the USPTOโs trademark examiner issues a final action refusing registration of your trademark. Even before that, if your attorney concludes that your trademark canโt be registered, you will get the refund. Please note, government fees are not refundable. โฉ๏ธ
You must have a physical presence in the U.S. with products or services currently advertised or sold in the U.S. โฉ๏ธ
FAQs
How does IPfever offer money-back trademark registration service while no one else does?
$800 is not a lot of money, especially considering many law firms charge $2,000-3,000 for a trademark application. They don’t even offer a money back guarantee. To be profitable we estimated that at least 95% of applications filed must be approved upon first action. Virtually no room for error.
The most recent statistics published by the USPTO says only 2.3%-45.5% of applications are approved upon first action. We are neither a superlawyer nor an AI from the future, but we just spend a lot of time learning about the product, client’s business, competitors, the relevant market, and so on.
What are the government fees?
We’re talking about the fees charged by the United States Patent and Trademark Office (USPTO). There could be rare instances where clients are subject to fees other than listed below, but as long as they are more than the attorney’s fees paid by you, you’ll owe nothing. Furthermore, if you incur government fees due to your attorney’s negligence, miscommunication, or any fault (e.g. late fees), your attorney will pay them out of their own pocket.
All government fees are calculated per mark that is for goods/services that can be categorized in a single International Class (e.g. clothing items belong to a different Class than cosmetics).
$250 application fee
$100 extra application fee for goods/services that have yet been identified by the USPTO.
$100 statement of use fee: If you haven’t sold your goods at the time of filing an application, you need to file a statement of use after your application is approved along with $100 government fee.
$125 extension of statement of use fee: You must submit an adequate statement of use within 6 months once your application is approved. If you need more time, you can file 6-month extension for filing statement of use. You can extend up to 5 times, and each time you pay $125 government fee.
We mail paper checks to your mailing address. You may be able to deposit the checks anywhere if you have a checking account with US-based banks or credit unions offering mobile deposit.
What do you mean “if … not registered”? Don’t you perform clearance search before filing?
We do, but there is no way to guarantee registration. The ultimate test for registration is “likelihood of confusion” among consumers. Everyone including the trademark examiners at the USPTO is simply making their best guess at what could be confusing to consumers.
Comprehensive clearance search takes look at a wide array of factors that can contribute to the “likelihood of confusion”. IPfever attorneys go above and beyond and provide their honest and professional opinion about your mark: for example, they might say “this can be almost surely registered but is not a good mark because others can easily avoid infringement while deceiving consumers.”
Can I use your service even if my business is located … ?
We are an Atlanta-based law firm, but for USPTO trademark registration, which is exclusively governed by the federal laws, you may use our service from outside Georgia, including other countries. If you have legal matters related to other aspects of business or a lawsuit, find a local attorney in your area.
How long does trademark registration take?
Once your application is filed, you get a priority date and a U.S. Serial No., which blocks others from filing for the same or similar names and allows you tap into Amazon Brand Registry, respectively. The examination of your application typically takes about 9-12 months, and it may require 2-3 months of additional time if you file your application prior to actually start selling your products in the U.S. market.
