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IP Legal Service

Registration Maintenance

After a trademark has been registered, the USPTO requires that due procedures be taken to maintain the mark.

Section 8 Declaration

Section 8 Declaration of Continued Use (Due at 5 Years, 10 Years and Every 10 Years Thereafter)

Legal Fee: $350 / Class

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Section 9 Application

Section 9 Application for Renewal (Due at 10 Years and Every 10 Years Thereafter)

Legal Fee: $350 / Class

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Combined Section 8 & 9 Declaration & Application

Legal Fee: $650 / Class

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Combined section 8 & 15 Declaration of Incontestability (Filed at Year 5)

Legal Fee: $600 / Class

Trademark Registration

U.S. Federal Trademark By Licensed Attorney

Initial Use-Based Trademark Filing

Legal Fee: $500 / Class

Intent To Use

Preparing and Filling a Statement of Use

Legal Fee: $300 / Class

Preparing and Filling a Extension to file a Statement of Use

Legal Fee: $200 / Class

Legal Guidance from on choosing compatible trademark classes that protect your brand, including suggestions on goods and services description
Preparation and filling of application

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Trademark Search:

Word mark: $450 / Class.
Design Mark: $850 / Class.

A Trademark Due Diligence Search meets the USPTO standards for a commercially reasonable pre-filing search.

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Office Actions

Routine Office action (No Likelihood of Confusion Issue): $250 / Class.
Likelihood of Confusion Office Action: $950 / Class.

International Filings

International Filing Based on Madrid Protocol

Legal Fee: $850/Country Minimum
Filing Fee: Varies

For Accused Infringers (Defendants)

If you receive a cease and desist letter or are sued for trademark infringement, a trademark attorney can provide critical defense services:

Responding to Cease and Desist Letters:
- Purpose: Evaluating the claims, assessing the strength of the other party's trademark, and determining if an infringement has occurred.
- Service: Drafting a formal response, which could be a denial, an offer to settle, or a request for more information.
Evaluating Defense Strategies:
- Purpose: Identifying potential defenses against an infringement claim. Common defenses include:
- Service: Conducting legal research, analyzing the facts, and advising on the strongest defense strategy.
Negotiation and Settlement:
- Purpose: Seeking to resolve the dispute amicably, often through a licensing agreement, modifications to your use of the mark, or a financial settlement.
- Service: Representing you in settlement discussions and drafting agreements.
Trademark Litigation Defense:
- Purpose: Defending you against a lawsuit in federal court or a TTAB proceeding.
- Service: Similar to plaintiff services, this involves filing answers to complaints, managing discovery, filing defensive motions, and representing you in court or before the TTAB.

Trademark Infringement

Legal fees: from USD 500 depending on the hours and complexity of the trademark infringement case.

Cease and Desist Letters:
- Purpose: This is often the first step. An attorney drafts and sends a formal letter to the alleged infringer, informing them of your trademark rights, detailing the infringing use, and demanding that they stop using the mark. It serves as a formal warning and often resolves disputes without litigation.
- Service: The attorney gathers evidence, assesses the strength of your claim, drafts a legally sound letter, and manages communication with the infringer.
Trademark Monitoring and Policing:
- Purpose: Proactive protection is key. Attorneys can set up systems (or advise on services) to regularly monitor new trademark applications, domain name registrations, business names, and online activity (e-commerce sites, social media) for potential infringing uses.
- Service: This includes ongoing vigilance, reporting potential infringements, and advising on the appropriate action.
Negotiation and Settlement:
- Purpose: Many trademark disputes are resolved outside of court through negotiation, mediation, or arbitration. This can be less costly and time-consuming than litigation.
- Service: Attorneys represent your interests in discussions, draft settlement agreements, co-existence agreements (where both parties can use similar marks under specific conditions), or licensing agreements.
Trademark Trial and Appeal Board (TTAB) Proceedings:
- Purpose: Oppositions (preventing a pending mark from registering) and cancellations (removing an already registered mark) are heard by the TTAB, an administrative body of the USPTO.
- Service: Attorneys represent you in these quasi-judicial proceedings, which involve formal pleadings, discovery, and submission of evidence and briefs.
Customs Enforcement:
- Purpose: For registered trademarks, attorneys can help record your mark with U.S. Customs and Border Protection (CBP) to prevent the importation of counterfeit or infringing goods.
- Service: Filing the necessary documentation with CBP and assisting with enforcement actions.

Trademark Cancellation

Legal fees: from USD 5000 depending on the hours and complexity of the cancellation case.

The service helps clients navigate the process of canceling a registered trademark. This involves either defending against a cancellation action or initiating one to remove a trademark registration that is blocking another party's ability to register their own mark. I can also assist in cases where a mark has become generic or been abandoned. The legal service could includes Initiating Cancellation Proceedings, Defending Against Cancellation, Find Grounds for Cancellation, Evidence Gathering, TTAB Proceeding, Strategic Advice, Settlement Negotiations

Trademark Opposition

Legal fees: from USD 5000 depending on the hours and complexity of the opposition case.

The service helps individuals and businesses challenge or defend against trademark applications that are published for opposition by the USPTO. It provides legal expertise in navigating the complexities of trademark opposition, including understanding the legal basis of claims, drafting responses, and potentially engaging in settlement negotiations.

Trademark Letter of Protest

Legal fees: from USD 1000 depending on the hours and complexity of the case.

A trademark Letter of Protest (LOP) provide legal work to the United States Patent and Trademark Office (USPTO) that a pending trademark application should be refused registration or modified. Trademark rights sometimes can cause serious business conflicts in the world of competitions. The ownership of trademark often becomes the target of legal disputes. With LOP, the service will help resolve the urgent trademark issues in effective way.

For Licensees (Businesses Seeking to Use a Trademark)

If you want to acquire the rights to use someone else's trademark, an attorney can help you:

Strategic Counseling and Risk Assessment:
Due Diligence on the Licensed Trademark:
Reviewing and Negotiating Trademark License Agreements:
Compliance and Operational Advice:
Complexity: Trademark licensing agreements are highly complex legal documents that require deep understanding of both trademark law and contract law.
Monetary Implications: Licensing deals often involve significant financial stakes (royalties, upfront fees), making precise terms crucial.
Risk Mitigation: Attorneys help identify and mitigate legal and commercial risks for both parties.
International Considerations: If the licensing involves international use, an attorney can advise on foreign trademark laws and compliance.

Trademark Licensing

Legal fees: from USD 1000 depending on the hours and complexity of the licensing.

Helping clients navigate the complex world of granting or acquiring rights to use a trademark. This area of law is crucial for businesses looking to expand their brand reach, monetize their IP, or leverage existing brands without outright ownership.

Here's a breakdown of the typical legal services involved in trademark licensing:

For Licensors (Trademark Owners)

Strategic Counseling and Feasibility Assessment:
- Purpose: Determine if licensing is the right strategy for your business goals (e.g., market expansion, revenue generation, brand exposure) and if your trademark is suitable for licensing.
- Service: Evaluating the strength and scope of your trademark rights, identifying potential licensing opportunities, and advising on the most appropriate licensing model (exclusive, non-exclusive, sole).
Drafting and Negotiating Trademark License Agreements:
Protection of Rights: For licensors, improper drafting can lead to loss of trademark rights (e.g., naked licensing), while for licensees, it can lead to disputes or limited scope of use.
License Agreement Management and Enforcement:
- Purpose: Ensuring ongoing compliance with the terms of the agreement and addressing any breaches.
- Service: Advising on monitoring licensee performance, handling disputes, issuing default notices, and if necessary, terminating agreements and managing post-termination issues.

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