Basic USA Trademark Application*
For a 1-class application based on actual use in commerce
Includes one preliminary knockout availability search
Includes electronic delivery of registration certificate
Review full list of included and excluded services here
Possible Additional Fees (depends on specific needs)
TRUE PRICE TRANSPARENCYInteractive Fee Calculator
We provide true price transparency, upfront. Because total fees can depend on a few different factors, we developed an interactive form that allows you to calculate both legal and government fees for a USA trademark application based on your unique needs.
What's included in the basic flat fee?
Legal fee covers a 1-class application
Preliminary trademark knockout search of applied for and registered marks with the USPTO
Common law trademark search
Prepare consent to registration letter if trademark incorporates the name or likeness of any person
Claiming priority date or basing registration on prior-filed foreign application or registration
Respond to simple office actions involving obvious disclaimer requests
Email notice of all other office actions (unless simple ministerial issue that you previously authorized us to respond to)
Respond to office actions (other than those involving obvious disclaimer requests)
Email notice of publication
Email notice if third-party opposes application
Defend opposition if third-party opposes application
Electronic delivery of registration certificate
Receive physical copy of registration certificate
A physical copy of your registration certificate can be mailed to a US address for flat fee of $149.
That Can Impact Cost
If at the time your application is filed, you are not using your trademark in US commerce for all of the goods/services covered by your application, your application will be filed based on your intent to use the mark (with some limited exceptions).
When you file based on your intent to use a mark, you are required to file a Statement of Use (or if the application is still pending USPTO review -- an Allegation of Use) before the application can register. These filings have both legal and government fees. The amount will depend upon the number of trademark classes your application covers and how long it takes you to start use in commerce for all the goods/services included in your application.
Check out our interactive fee calculator above to calculate your costs.
An Office Action is a refusal letter from the USPTO that explains why the trademark examining attorney believes that the trademark application either cannot be registered or requests that the Applicant provide additional information or make modifications to an application.
If an Office Action issues on an application I filed for you, I'll report the Office Action to you. Once I know what the issues are, I'll be able to provide you with a flat fee quote for preparing a response. If you do not wish to respond to the Office Action, I will not take further action and your application will be abandoned.
If the USPTO trademark examining attorney approves your application, it will be published. During the 30-day publication period, if any third-party that believes your application should not be entitled to registration, they can file a Notice of Opposition (or request an Extension of Time to file a Notice of Opposition).
Defending a Notice of Opposition is outside the scope of any filing fees you paid. The cost to defend a Notice of Opposition can vary widely.
First, you'll complete the Joshua IP intake form applicable to your matter. Each intake form is built on advanced conditional logic -- allowing me to ask more, less or different questions based upon your answers.Step 1
Upon completing the intake form, you are redirected to my calendar where you will schedule a Zoom call to discuss your matter with me at a time that is convenient for you.Step 2
Sign our engagement letter and make payment.Step 3
I perform a preliminary trademark knockout search of prior applied-for or registered marks with the USPTO that appear to be obvious conflicts. I send you any findings.Step 4
I send you proposed filing details for your application for you to review and approve.Step 5
I send you the final application to sign electronically and complete the filing of your application. I send you a confirmation of the filing.Step 6
It typically takes 3-4 months before a trademark examining attorney at the USPTO is assigned to your application and performs a review. The examining attorney will either approve your application for publication, or if they believe there is an issue or obstacle, will issue an Office Action explaining the issue or obstacle.Step 7
If your application is published and not opposed, it will register if the application was filed based on actual use in commerce (with some exceptions). If your application was filed based on your intent to use the mark for any goods/services, the application will not register until after you file a Statement of Use.Final Step