how much doesa lawyer charge to file a trademark application extension of time request

An Extension Request is a sworn statement that the applicant still has a bona fide intention to use the mark in commerce, but needs additional time actually to use the mark. A filing fee of $125 per class of goods/services must be paid with the Extension Request.

Full Answer

How much does it cost to file a trademark application?

Jun 24, 2020 · A trademark lawyer costs around $1,000 to $2,000 for the general trademark process, but disputes could cost the client an additional $300 $400 an hour. Some of the trademark lawyer costs you may see include: Filing fees for the trademark application. Government costs charged by the USPTO. Flat-fee trademark lawyer costs.

Do you need a trademark attorney for an extension of time?

In addition, often you can find trademark attorneys who offer services for a flat fee. Further, averages indicate that hiring a trademark can cost $1,000 – $2,000. If you hire our firm we charge $475 to file a trademark under one class. $475, plus …

What is a request for an extension of time?

We electronically file your Extension Request with the USPTO Once we receive your e-signature, we'll file your request with the USPTO. You'll receive an email from us verifying that your submission is complete. Additional services You can select these in the questionnaire. $150 Each additional class (government filing fees included) $49

How much does it cost to file a late filing extension?

Below is a TTAB fees structure for applications filed via Electronic System for Trademark Trials and Appeals (ESTTA) that can vary between $25 to $200 Charges for notice of opposition has increased from $400 to $600 A request for the initial 90-day extension period to file a notice of opposition has jumped up from $100 to $200

How much is a trademark extension?

$125 per classAn Extension Request is a sworn statement that the applicant still has a bona fide intention to use the mark in commerce, but needs additional time actually to use the mark. A filing fee of $125 per class of goods/services must be paid with the Extension Request.Jul 27, 2018

How do I file an extension for a trademark?

Applicants must file extension requests through the Trademark Electronic Application System (TEAS) at https://teas.uspto.gov, unless an exception to the requirement to file electronically applies.

How do I pay a trademark renewal fee?

The price for the renewal of a trademark depends upon whether it has been one in-person physically or it has been done online.If done physically the filing for the renewal costs 10,000 rupees.If done online via e-filing it costs 9,000 rupees.Jun 29, 2021

Can you refile a trademark application?

If a response was not filed because the applicant did not receive the office action, the applicant must still file a Petition two (2) months after the date of actual knowledge of the abandonment and not later than six (6) months after the date the trademark electronic system indicates that the application is abandoned ...Jul 7, 2017

How much is a trademark statement of use?

In the event that the applicant chooses to file the Statement of Use electronically, the USPTO filing fee is $100.00 per class. Conversely, to file the Statement of Use form through the mail, the USPTO filing fee is $200.00 per class.

How long does intent to use trademark last?

How Long Does it Last? The USPTO will give you six months from the time you file your intent to use application to put the mark in use and file your statement of use. If you need more time, you can file an extension request.Aug 4, 2016

Can trademark be renewed by paying the renewal fee?

A registered trademark in India expires after 10 years. But, it can be kept permanent by filing a trademark renewal application online or offline by paying necessary renewal fees every 10 years. This application has to be filed on or before 6 months from the date of expiration of the registration.

Can a trademark be renewed indefinitely?

Trademarks can last forever. All trademark holders must realize that to keep their federal trademarks registered they must both continue to use them in interstate commerce and file the proper renewal paperwork at periodic intervals prescribed by law.May 15, 2014

When can a trademark renewal be filed?

You must renew your trademark registration between the 9th and 10th year following your registration date, and each successive ten-year period thereafter. If you've exceeded the deadline year by less than 6 months, you may pay an additional fee to file within the USPTO grace period.

Can I modify my registered trademark?

The trademark as a whole cannot be changed. It will be covered under a new trademark application. The list of goods and services included in the trademark can be limited but they cannot be extended.Jan 10, 2022

How do I amend a trademark application?

Simply put, it means changing or altering the application in some manner after it's filed. The way to amend a trademark application is by filing an amendment with the United States Patent and Trademark Office (USPTO).

Can you add a logo to a trademark later?

Trademark protection only extends to the trademark registration as it's submitted to the United States Patent and Trademark Office. Federal trademark registration for your business name and logo together requires you to use them together at all times to have legal protection under federal law.

How much does a trademark lawyer cost?

A trademark lawyer costs around $1,000 to $2,000 for the general trademark process, but disputes could cost the client an additional $300 $400 an hour. Some of the trademark lawyer costs you may see include: Filing fees for the trademark application. Government costs charged by the USPTO. Flat-fee trademark lawyer costs.

How much does it cost to register a trademark?

Overall, a trademark registration can cost over $2,500. However, these trademark lawyer costs are important. There is ample work that still needs to occur after a trademark application is filed. Before even filing a trademark application, it is important to conduct a thorough trademark search.

What is a trademark lawyer?

A trademark lawyer will conduct a comprehensive search to include federal, state, and common law trademarks, often using professional software.

How long does it take to file a statement of use?

You file the Statement of Use about seven to nine months after filing the first application. The USPTO will tell an applicant when the Statement of Use is due. There is a fee to file the Statement of Use. The fee is $100 for each class of goods in the original application.

What happens if a business is rejected by the USPTO?

If the USPTO rejects your trademark, the cost to fix the application and defend the trademark, or to reapply, could be more than if you had hired an attorney to file the application properly in the first place.

What are relevant costs?

Relevant costs are those that differ based on possible alternatives. These relevant costs are important to your decision on how to acquire your trademark. The most common relevant costs are involved with your decision on whether to hire a trademark attorney to handle the process for you.

How much does it cost to file a trademark?

How Much is the US Government Trademark Filing Fee? 1 $225 or $275 per class 2 So, total with trademark attorney is $700 for one trademark under one class.

How much more likely are you to get a trademark if you use a trademark attorney?

According to a study published in Stanford Technology Law Review, and as reported by the Wall Street Journal, trademark applicants are 50% more likely to receive a registration if they use a trademark attorney.

Why do you need a trademark search?

As a result, a trademark search is vital in preventing the potential for you or your company to face expensive and unnecessary litigation. So when thinking of the cost to trademark a business name, thing first of paying an attorney to handle your trademark.

What is a TEAS application?

In addition, a regular TEAS Application allows you to list the goods or services under your own description. However, an Examining Attorney may require you to be more specific with your description in a future Office action.

SO, HOW MUCH DOES IT COST TO OBTAIN A TRADEMARK

The cost to register a trademark with the United States Patent and Trademark Office (USPTO) will be a function of the following:

GOVERNMENT FILING FEES ASSOCIATED WITH REGISTERING A TRADEMARK

The USPTO charges a flat fee of either $250.00 or $350.00 PER CLASS OF GOODS. This means that the USPTO doesn’t charge the applicant, per trademark, but rather according to how many different types of goods/services the applicant intends on selling under the trademark.

LEGAL FEES ASSOCIATED WITH REGISTERING A TRADEMARK

There is unfortunately uniform or “market price” for how much a trademark attorney may charge for filing a trademark application but it is our law firm’s very strong belief that trademark filings must be charged on a flat fee basis, rather than on an hourly basis (which can get out of hand quickly).

FINAL COST TO OBTAIN A TRADEMARK REGISTRATION

Assuming that you are already using the trademark in commerce and do not need to file an intent to use application, the cost for filing a trademark is a flat fee of $650 + Gov. Filing Fees of either $225 or $275 per class of goods.

TRADEMARK REGISTRATION APPLICATION FEE

The fee for a Trademark Electronic Application System Standard (TEAS Standard) application has been increased from $275 to $350 per class, which means an additional $75. Simultaneously, the TEAS Plus application charges has soared to $250 from$225, increasing by $25.

TRADEMARK TRIAL AND APPEAL BOARD (TTAB) FEE SCHEDULE

Below is a TTAB fees structure for applications filed via Electronic System for Trademark Trials and Appeals (ESTTA) that can vary between $25 to $200

Speak with a Trademark Attorney

Registering your trademark correctly from the start is important. Please feel free to reach out and request to speak with one of our trademark attorneys to discuss your idea. We’re here to help.

How to register a trademark in the US?

If there are no pitfalls during the prosecution of an application based on Section 1 (a), it will be published in the Official Gazette, then proceed directly to registration. There are no additional fees in this scenario unless the application goes abandoned for failing to respond to an Office Action. In order to obtain registration under this basis, you must: 1 Provide a signed statement that you are using your mark in commerce. 2 Specify the date that you first used your mark anywhere with your goods or services. 3 Specify the date that you first used your mark in commerce with your goods or services. 4 Submit one specimen for each class of goods or services in your application. A specimen is a real-world example of how you use your mark on your goods or services.

How much does it cost to file an allegation of use?

The allegation of use must include the dates of use (both the date that you first used your trademark and the date that you first used your trademark in commerce), a filing fee ($100 per class), and one specimen of use for each class.

How to use a mark in commerce?

Provide a signed statement that you are using your mark in commerce. Specify the date that you first used your mark anywhere with your goods or services. Specify the date that you first used your mark in commerce with your goods or services. Submit one specimen for each class of goods or services in your application.

When do you file a Section 8 declaration?

Between the fifth and sixth year of registration, you must file a Section 8 declaration. A Section 8 declaration is a signed statement filed by the trademark owner that either: (1) the trademark is in use in commerce with the goods or services listed in the registration; or (2) the trademark is not in use in commerce due to special circumstances ...

What does "abandoned" mean in trademarks?

The term abandoned means that the application is no longer pending and, thus, cannot mature into a registration. The application process will end, the trademark will fail to register, and the application fee will not be refunded.

What happens when a trademark is matured?

Once an application has matured to registration, you must timely file all required maintenance documents and continue to use the trademark in commerce (or show that special circumstances exist to excuse the nonuse of the trademark) with the goods or services in the registration in order to keep a federal trademark registration alive.

How much does it cost to revive an abandoned application?

Should an application fall into an abandoned status at any time during the registration process, a petition fee of $150 is required to revive and resume prosecution of the application.

When Can I File an Extension of Time to Oppose?

An extension of time to oppose must be filed within 30 days of the trademark being published for opposition . If you miss that 30-day window, then your only option would be to file a trademark cancellation if/when the trademark application becomes a registration.

How Do I File One?

An extension of time to oppose a trademark application is filed electronically with the Trademark Trial and Appeal Board (TTAB). The TTAB provides a fairly straightforward online form through the Electronic System for Trademark Trials and Appeals ( ESTTA ). In order to successfully prepare and submit the extension, you’ll need the following:

How Long is an Extension of Time to Oppose?

At any point during the 30-day publication period, you can file a 30-day extension of time to oppose. If you determine during the 30-day extension that you need more time to decide whether or not to file a trademark opposition, you can request an additional 60 days by filing another extension of time to oppose (and paying another filing fee).

Questions About an Extension of Time to Oppose?

I’m experienced US trademark attorney Morris Turek. If an extension of time to oppose has been filed against your trademark application, or you need some assistance filing an extension of time to oppose someone else’s application, please don’t hesitate to contact me right away.

Why Would I File an Extension of Time?

A Request for an Extension of Time is basically a sworn statement that you still have a bona fide intention to use your trademark in commerce, but that you require more time to put your trademark in use. The Extension of Time buys you an additional six months in which to make use of your trademark and to file the Statement of Use .

How Many Extensions Can I File?

You may request up to five Extensions of Time before you must file the Statement of Use. In each Request, you have to swear that you continue to have a bona fide intention to use your trademark in connection with all of the products and/or services recited in your trademark application.

Accuracy Matters

In the vast majority of cases, the USPTO automatically grants a Request for an Extension of Time so long as you meet all of the formal requirements and pay the government filing fees.

Questions About Filing an Extension of Time?

I’m experienced US trademark attorney Morris Turek. If you have any questions about the purpose of filing a Request for an Extension of Time, or need the assistance of a trademark attorney to prepare and submit a Request for an Extension of Time, I would be happy to speak with you at absolutely no cost.

What is an extension of time to oppose a trademark application?

The US trademark legal system allows third parties to oppose the registration of a pending trademark application. When a trademark application is published for opposition, a window of time is given to the public to oppose a trademark application that has received preliminary approval from the USPTO.

How much additional time can be requested?

In addition to the 30-day publication window, a potential opposer may request either a 30-day extension or a 90-day extension for good cause. A USPTO fee applies to the 90-day extension request.

Using extension of time to oppose as negotiation tactic

If you are concerned about the registration of someone else’s mark, requesting an extension of time provides some time to negotiate a coexistence agreement that might avoid the need to file an opposition.

Will the potential opposer file an opposition?

Only time will tell. Keep in mind that if the potential opposer was determined to kill your mark, they could have filed the notice of opposition promptly without requesting any extensions.

What happens if the other side files an opposition?

If an opposition is filed, the Trademark Trial and Appeal Board (TTAB) will institute an opposition proceeding with an opposition number. The TTAB will send to the applicant a scheduling order with relevant deadlines.

Can an additional extension be requested beyond 120 days from the date of publication?

If the end of a 90-day extension period is approaching, a potential opposer may file one final request for an additional 60-day extension only under the following conditions: