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.
How do I get refunds?
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.
Can I file international trademark applications here? (WIPO, MADRID)
No. The World Intellectual Property Organization simply accepts a trademark application and relay it to many member countries of 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 filed in each country, including the U.S. Hence, you pay extra fees in addition to the same or higher USPTO fees for the mere convenience of establishing a prior date by filing an additional international application. There is no substantive benefit of using MADRID system if you can directly file a U.S. application with us from abroad.
