Clearance searches

Prior to filing a trademark application in the United States, a search should always be conducted on the proposed mark to ensure that no one else has already claimed it as a trademark. There are two levels of trademark searching. The first level consists of an in-house screening search which identifies any identical marks registered at the state or federal level. The screening search costs approximately $250 per mark to perform, analyze and report to you. Screening several marks at a time substantially decreases the cost per mark. Once a mark has passed the screening search level, the second level search should be performed. The second level is a comprehensive search which identifies marks that are being used but are not registered with a state or the federal trademark office. Although these marks are not usually an obstacle to the approval of a mark for registration, the owner of such a mark has the right to oppose your application after approval for registration, or seek cancellation or sue you for infringement after your registration issues. Therefore, it is important to identify anyone using a similar unregistered mark who may have rights superior to your own. A comprehensive search and analysis letter reporting the results costs approximately $950 per mark. Although this second level search is optional, it is highly recommended.

Routine Application

ILOSD charges a flat fee for the routine prosecution of a United States trademark application. Please note that many firms charge a flat fee for simply placing an application on file. ILOSD’s flat fee for United States applications includes not only placing the application on file, but also handling all routine prosecution of the application as outlined below to obtain a Notice of Allowance or Certificate of Registration. The flat fee includes the following tasks: research to determine the appropriate description and classification of the goods or services to be sold in connection with the mark; preparation of the application for your signature; routine advising and review of specimens submitted by you to show use of the mark; preparation and filing of the application and accompanying documentation required by the United States Patents and Trademark Office ("PTO"); setting up the appropriate electronic and hard copy files related to your trademark application; processing, docketing and notifying you of the issuance of the Filing Receipt, Notification of Publication and Notice of Allowance or Certificate of Registration.

The flat fees for legal services related to the filing of a United States trademark application and its routine prosecution to registration are currently as follows:

• $650 per 1-class application, if 1-9 applications are filed simultaneously.
• $600 per 1-class application, if 10 or more applications are filed simultaneously.
• $100 per additional class in any application.

These flat fees are charged at the time we prepare the application for your signature. They are non-refundable, subject to change and do not include the government filing fee.

Intent-to-Use Applications

If the original application is an intent-to-use application, additional charges for legal services will be incurred during the time it takes for the mark to be used and for the documentation substantiating its use to be filed with the PTO. Additional government filing fees will also be incurred during this process. A flat fee for legal services will be charged for each request for a six-month extension of time to file the documents showing use. A maximum of five six-month extensions are possible. A flat fee for legal services will also be charged for filing the documents showing use. The flat fees for legal services related to these additional procedures for intent-to-use applications are:

• $250 per application for each Request for Extension of Time.
• $250 per application for each Amendment to Allege Use or Statement of Use.
• $100 per additional class in any Amendment to Allege Use or Statement of Use.

These flat fees are charged at the time we prepare the documents for your signature. They are non-refundable, subject to change and do not include the government filing fee.

Watch Program

Once you have obtained a United States registration it is important that you protect your mark by policing against infringement. We strongly recommend a watch program to help assist in identifying potentially infringing trademarks so that timely action can be taken to prevent their registration or use. Watch programs also allow businesses to monitor their competition. There are commercial watch services available to identify all trademark applications filed by a particular company or all applications filed for a particular type of goods. A United States watch service will provide information on a weekly basis about applications filed with the PTO. It does not identify state registrations or marks which are being used without registration. These marks can be identified through occasional comprehensive searches. The cost of a United States PTO watch service, analysis and monthly report of any conflicts is approximately $950 per year for each mark, or for each owner or each type of goods watched. Reporting watch service results for several marks or owners at a time substantially decreases the cost per mark. An annual comprehensive search, analysis and report is approximately $950. For your most important marks, we recommend a watch program that consists of both a watch service and an annual comprehensive search.