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.
Please check out Trademark fee information | USPTO for more information.
How much research should I do?
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.
