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 “leather goods” (Class 18) in addition to “clothing” (Class 25). Nonetheless, for startups, we often recommend choosing a single class that covers your flagship products for trademark registration purpose. ↩︎
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. ↩︎
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. ↩︎
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 “leather goods” (Class 18) in addition to “clothing” (Class 25). Nonetheless, for startups, we often recommend choosing a single class that covers your flagship products for trademark registration purpose. ↩︎
You’ll get a full refund of the Service Fee if the USPTO’s trademark examiner issues a final action refusing registration of your trademark. Even before that, if your attorney concludes that your trademark can’t be registered, you will get the refund. Please note, government fees are not refundable. ↩︎
You must have a physical presence in the U.S. with products or services currently advertised or sold in the U.S. ↩︎
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.
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 “leather goods” (Class 18) in addition to “clothing” (Class 25). Nonetheless, for startups, we often recommend choosing a single class that covers your flagship products for trademark registration purpose. ↩︎
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 touch with lawyers as if you’re working with a local lawyer. 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.
If you are already selling your products in the U.S., it’s likely that you know (1) who the market leaders are, (2) what brands are out there, and (3) whose business and marketing approach most resembles yours. Then, it usually involves simply searching those company and/or brand names on the trademark database.
It might take some time to read through the data you searched and pick and gather the most relevant information. However, once you have the list of trademark registrations, all you have to do is fill out the Service Request Form. From there, your attorney can tell you what information is needed.
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 analyze and tell you 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.
The information I provided in the application is saved in my account, so I could work on the application whenever I had a free time. You can make a payment via credit card when you “submit” the completed application. I paid $1,510 including the convenience fee of $10.
After you submit the application, you will need to access your account from time to time. e.g. An internal message system will prompt you to provide additional information or missing documents. You will also receive an email when there is a new message.
Background Check (GAPS)
You will submit your fingerprint for background check via GAPS. The GAPS registration fee was $49.25, and my registration was approved in about 10 days from the submission of Fitness Application.
Once your registration is approved, you will physically visit a GAPS fingerprint site to digitally submit your fingerprint.
Character and Fitness
A fitness analyst was assigned to my case in about 4 weeks from the submission. It seemed my references received an email inquiry about the same time. I was asked to provide an email address for my old employee in South Korea.
Admission in other jurisdiction
Illinois Bar
You need to be admitted to at least one jurisdiction.
I have a JD from Chicago-Kent College of Law and was admitted to the Illinois bar in 2012. I had been active and good standing ever since.
Patent Bar
You need to provide disciplinary records from all applicable jurisdictions.
In my case, I was notified of a missing information because I did not provide information about my USPTO registration.
Motion Eligibility
5 of past 7 years
You must have practiced law for 5 of 7 past years.
Per reciprocity rule, Georgia might require a stricter rule. I was from Illinois that requires 3 of 5 past years. So, it was 5 of 7 past years for me.
I worked as a corporate counsel for two years, and I had a year of unemployment, after which I started my solo practice.
If you worked at a firm, there is little issue about the eligibility. Additionally, Georgia recognize law teaching, gov’t agency, military, in-house corporate, and judicial court of record as practice of law.
I had a work history in South Korea, and I was working solo. Not sure what prompted the inquiry, but I had to provide a written explanation what was the nature of my employment and practice.
You need to submit a Good Standing Letter including disciplinary records from all jurisdiction you are admitted.
I submitted one with my application, and it was probably a few days old. However, by the time they looked at it, (I assumed it was after fitness was cleared) it was too old. So, I had to submit a new one.
Birth Certificate
I was born in South Korea. Although I submitted a Resident Registration Card issued by South Korean government, I was asked to submit a birth certificate or an equivalent. I provided an English version of Family Relations Certificate issued by South Korean government.
MPRE score
You need to provide your MPRE score. I requested NCBE to send an official transcript to Georgia Office of Bar Admissions. You can do it on the NCBE website, and the fee was $25.
I hope the above information can help attorneys who are interested in GA admission on Motion without Examination to have a better idea about what to expect in the process.
*For those of you who are not familiar with Avvo, it’s a website where lawyers give out free answers and, in return, get ranked higher in its proprietary lawyer directory.
Isn’t a lawyer just like a mechanic?
Observation: You walk into their places, and you aren’t quite sure what’s going on. And you pretty much pay what’s on the bill. Also, unfortunately you can’t quite live without them.
Why, then, there’s no Avvo for mechanics? Wait a minute, there’s a whole bunch! Youtube is full of DIY videos on how-to-fix this and that, and there are numerous websites like ask-your-mechanic.com (not a real website).
They are not the same.
Car-fix videos and websites may be in part trying to promote business, but if you think about it, a very small number of the viewers will be located in the author’s geographical area. Further, the videos more often than not wholeheartedly say “don’t waste your money, you can do it yourself.”
Many lawyers reluctantly participate in Avvo just to gain publicity.
Here’s why we should ditch Avvo.
Mechanics sell their labor, meaning what they charge for is not the solution but the work performed to implement the solution.
Simply put, DIY videos may provide a solution, but they never fix your problem. If you do it yourself, you can probably save a trip to a local mechanic. But it’s not really free because you’ll be spending your own time and resources to get the job done.
Lawyers are different.
What lawyers sell is often the solution and nothing more. To elaborate, let’s say an attorney researched an issue and found that the law and facts strongly favor the client. Now, what the attorney needs to do is filing a complaint with the court.
Scenario 1: The attorney goes to the client and say “I’ve come up with a great plan to solve the problem, so you should pay $900 for it,” and add that “If you want, I will draft a complaint according to the plan for $100.”
Scenario 2: The attorney says to the client “To solve your problem, you need to file a complaint with the court; it will cost you $1,000 in total.”
These two scenarios are essentially the same as to the effect. However, the latter sounds much more reasonable and convincing to the client.
Scenario 2 works perfectly unless there’s an alternative that involves no lawsuit.
Let’s say there is a no-lawsuit plan that will cost the client $100 less because there’s no need to file a complaint but does the exactly same job. Now, would the client be happy with the $900 plan because it’s cheaper than the the original $1000 plan requiring a lawsuit? Or be appalled at the $900 fee for the all talk and no action plan? In many cases, it’s the latter.
The attorney will be inclined to keep the client happy and earn extra money by promising justice in the name of a lawsuit. It sounds rather reasonable, but the attorney just tossed out a cheaper but equally effective option. I think lawyers shouldn’t rationalize something like this by saying that’s how it works.
Telling clients what they want to hear is never good in law practice.
I think what Avvo is doing is effectively eliminating the first $900.
Let’s say an Avvo user acquired a great advice that includes filing a complaint. The advice was given free, but can the client walk into another attorney’s office and pay $100 for filing a lawsuit? Probably not.
The lawyer who was later retained to file a lawsuit might charge less than $1,000 for it, but it all depends on how much the advice can reduce the time and cost to draft the complaint. In all fairness, no plan is like an instruction you can mindlessly follow; the fee could be less than $1,000 but never $100.
Let’s say you stick to the first attorney who masterminded the plan. Here, the lawyer just performed a $900 worth work for free, and … wait a minute. $900 out of $1,000? Is this a rate of discount a seller can afford?
The pitfall of Avvo.
A service provider can’t give out free answers when those answers are actually the essence of their service. Avvo might argue that it’s making legal service more accessible, but I say it’s going into the wrong direction.
A smart way to work with attorneys.
It starts with educating clients. When clients understand what’s going on, billing is just a formality facilitating the exchange of resources. Also, when clients are in control of what’s on the bill, they won’t complain much. Easier said than done, right?
I’m developing a platform where anyone can access a crash course on how to deal with a legal issue and work with attorneys as if they are experienced managers of their attorneys. You can check out 54.200.24.30/ where I’m working on trademark and patent related services.
For a starter, I’m writing step-by-step instructions for trademark and patent prosecution and on the side listed each step as a stand-alone product. One can follow the steps and meanwhile get help for certain steps that turn out to be troubling.
If you’re interested in IPfever, please keep reading.
IPfever is not another marketplace for legal services. For one, there’s no transaction fees for attorneys or clients. Also, any verified professional can sell their services, and there is no subscription required to access web contents or purchase legal services online.
In the future, IPfever may also include paid services like online tools and resources for law practitioners and office administrators, from which revenue can be generated. However, those services won’t unfairly compete against third-party equivalents. Otherwise, it would follow the footsteps of Avvo, leading legal industry into destructive competition.
IPfever is not a legal service provider, but it’s in a business of helping small and midsize businesses to tackle their legal issues. Some of the help must come from licensed professionals like you. It currently provides access to federal trademark and patent related legal services, but an expansion to other areas of law is desirable.
First of all, you must be licensed in a state and have an adequate qualification. For example, you must be admitted to the patent bar to provide patent law services at IPfever.
And know that at IPfever, there’s no referral fees or service fees, except the payment processing fees to the financial institution. So, when clients pay, you will get the money. It’s that simple. Then, how will IPfever generate money to maintain its website and so on? It’s a bit too early to announce details, but we will eventually offer paid services to lawyers.
You might be concerned about the details; not everyone likes freemium services. At this time, we can promise only one thing: we won’t do anything to harm the integrity of the legal service.
Typically, attorneys ask for a retainer, so they won’t end up with nothing in their pocket. It goes like this. You hire an attorney to represent in a civil action. You pay $1,000 as a part of the retainer agreement between you and your attorney. The attorney will do works for your case such as attending a court hearing. He might charge you $250 for the hearing, and you will have a balance of $750.
Availability retainer is different. When you pay $200 to your attorney as an availability retainer, your attorney is promising that a sufficient time for your case will be available in the future. It’s like an earnest money in a real property transaction, but the difference is that the money doesn’t become a part of your payment at the end.
This retainer is based on the idea that “time is money”. Even if a lawyer does not render a legal service, a client should pay for the time. The reason IPfever adopted this idea is to fairly treat honest lawyers. When you walk in to a law office and spend time there, the law office (which is for profit after all) becomes very reluctant to let you go whether or not you really need a legal service. When you pay for their time, things get much easier.
