Attorney Fee GuaranteeSM
Until now, no attorneys or law firms to our knowledge have ever offered a money-back guarantee on trademark filing services. Our firm, Innovation Capital Law Group, offers unprecedented patent and trademark legal services under the Attorney Fee GuaranteeSM brand. Our Attorney Fee GuaranteeSM brand of services means the opposite of what it sounds like. Under the trademark Attorney Fee Guarantee program, we will pay you back our attorney’s fees if your trademark application gets rejected for being too similar to a USPTO registered trademark.
Want to qualify for our firm’s Attorney Fee GuaranteeSM trademark program? Call patent and trademark attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to find out how to get your USPTO trademark application allowed or attorney’s fees refunded.
How does our refundable attorney’s fee program work for USPTO trademark applications?
To qualify for our Attorney Fee GuaranteeSM trademark program, a new mark must first pass our knockout test where we search for live USPTO trademarks that might be confusingly similar. The sole purpose of our knockout search is to determine your risk of a likelihood of confusion refusal. We are not assessing any other potential grounds of rejection in a knockout search. After our knockout search results, we will give your mark a green light, yellow light or red light.
All green light trademarks will qualify for our Attorney Fee GuaranteeSM program. While yellow light trademarks do not qualify for the refundable attorney’s fee program, they would be available for a regular trademark application based on our flat rates. We do not recommend applying for red light trademarks.
Qualified green light trademarks will give you the option of filing under this program or under our standard competitive flat rates. As explained below, you will have the option to a full refund of attorney’s fees only if your trademark application is rejected on the grounds of likelihood of confusion.
How much does our Attorney Fee GuaranteeSM trademark filing cost?
To qualify, your trademark must first pass our knockout test which costs $500 per class of goods or services.
Assuming your mark receives a green light, then the cost of our Attorney Fee GuaranteeSM would be $1,150 plus the USPTO fee of $350. So the initial filing cost of our Attorney Fee GuaranteeSM program is $1,500 per class of goods or services, which includes the USPTO fee. So the total cost including the knockout search would be $2,000 per class of goods or services.
In certain cases, additional costs may arise after the initial filing. For example, if you file an Intent-To-Use trademark application, there is an additional cost of $600 to file a Statement of Use for one class of goods or services.
We do not pay the lower TEAS Plus government fee which would restrict your goods and services. Instead, we want to take advantage of the flexibility to customize your identification of goods and services to minimize the risk of a Section 2(d) refusal.
What triggers a full refund of attorney’s fees under our Attorney Fee GuaranteeSM trademark services?
Our firm does not guarantee the success of any trademark applications. Instead, we will put our money where our mouth is by placing our attorney’s fees on the line. If your trademark application gets rejected on the basis of likelihood of confusion for being too similar to another trademark, we will offer a full refund of our attorney’s fees.
We are not guaranteeing that your trademark will be registered. For example, if you file an Intent-To-Use trademark application that is eventually allowed and you fail to follow through with a Statement of Use, the refund would not apply. Also, the refund would not apply if the refusals of your trademark application do not include a likelihood of confusion rejection.
What if your trademark application is rejected for reasons other than likelihood of confusion?
Our attorney’s fee refund applies only if trademark application has been rejected on the grounds of likelihood of confusion. If you receive an Office Action that contains other rejections, but no likelihood of confusion refusal, our attorney’s fees would not be refundable. In that case, we would explore options for a response and associated costs.
If your trademark application receives refusals in addition to a likelihood of confusion rejection, our refund would apply.
Attorney Fee GuaranteeSM: Is our firm’s trademark program 100% money-back guarantee?
No, our Attorney Fee GuaranteeSM brand of legal services does not offer a 100% money-back guarantee. USPTO fees, for example, are non-refundable. Only the attorney’s fee portion of our trademark filing cost will be refunded if your trademark application receives a likelihood of confusion rejection.
