What is a flat rate trademark application?
Our firm offers fixed fees for filing trademark applications. A flat rate trademark application provides you with some certainty in budgeting for trademark registration. Keep in mind that the examination of your trademark application by the USPTO trademark examining attorney may lead to refusals or inquiries which may incur additional costs.
Need to file a flat rate trademark application with an experienced US trademark attorney? Contact US patent and trademark attorney Vic Lin at 949-223-9623 or email vlin@icaplaw.com to see how we can help you register your trademark.
It may be possible for our initial flat rates to cover a trademark application from start to finish depending upon the circumstances. For example, a use-based application that is allowed without any Office Actions or oppositions would not generate any additional fees.
How much does a flat rate trademark application cost?
See our trademark filing costs here. A knockout search of similar marks would incur an additional cost. Note that an Intent-To-Use application will generally cost more than a use-based application due to the additional work of filing a Statement of Use after the mark has been used in selling the goods or services identified in the trademark application.
What is not included in a flat rate trademark application?
While our firm offers flat rates for trademark prosecution in general, it is reasonable to expect additional costs beyond the initial filing if certain conditions arise. For example, our flat fee does not cover a knockout search of similar marks. The following is a representative list of tasks would incur additional costs.
Extension of time for filing a Statement of Use
An ITU applicant has six months from the date of the Notice of Allowance to file a Statement of Use. The applicant may file a request for 6-month extension of time. A maximum of five extension request may be filed, resulting in a maximum length of three years from the Notice of Allowance date to file a Statement of Use.
Responses to Office Actions
Office Action responses are not included in our initial filing cost. If and when you receive a trademark Office Action, we can provide a flat rate for an appropriate response or approach.
Office Actions with substantive refusals may typically include rejections based on likelihood of confusion or mere descriptiveness. Such substantive Office Actions would require more effort, and thus a higher cost, to respond.
We cannot guarantee that the USPTO will allow the application after only one reply. The USPTO trademark examining attorney may issue a second Office Action after reviewing your response to the first Office Action.
Nonsubstantive Office Action responses are simpler and less expensive to file. For example, the following amendments would be considered nonsubstantive:
- amendment to identification of goods or services;
- description of mark;
- adding a disclaimer;
- adding a color claim;
- adding an email for US counsel.
Trademark Opposition
A trademark opposition filed by a third party against a pending application would lead to an entirely new proceeding before the TTAB. See our costs for handling a trademark opposition.
