USA Trademark Registration
Basic Fees (One mark one class)Search: USD 350 Application: USD 800/900 Registration: USD 200/320
Unless otherwise indicated, the USA Trademark Registration stated in this quotation refers to trademark registrations in accordance with the Lanham Act. All fees in this quotation are valid until 30 September 2023.
The legal basis of the
USA's trademark is the Lanham Act. The USA is a member of the Paris Convention
and the Madrid Union. The USA adopts first-to-file basis for trademark
protection. Trademark registration is valid for 10 years from the date of
registration and could be renewed for 10 years before the expiry date.
A trademark application filed at the USPTO is based on Use in Commerce, Intent to Use or foreign application under certain international agreements. If a mark is not currently being used in business and it has not been registered in the home country where the proprietor is resided, the application will be filed on the basis of Intent to Use. In this case, a Statement of Use will need to be filed with the USPTO within 6 months once receiving a Notice of Allowance from the USPTO (this usually occurs about 10 to 18 months after filing).
The USPTO will issue e-Certificate of Registration for the registrations from 24th May 2022. Besides, trademark owner must file the Declaration of Use (DAU) and/or Extension of Time to file DAU between the 5th and 6th years upon the registration date to maintain the effectiveness (the official fee and our services fee will be incurred).
|
Service |
Fees (USD) |
|
Word mark search (optional) |
350 |
|
Application - First class (word mark) - Each additional class (word mark) - First class (device mark)
- Each additional class (device mark) |
800 600 900 700 |
|
Registration - e-Cert - Paper Cert |
200 320 |
* Each 10 items (less than 10 items will be calculated as 10 items) in excess of 20 will be charged at USD10.
The fees cover the following services:-
(1) Conduct 1-time preliminary identical search for word mark – without report;
(2) Analysis the registrability of the mark;
(3) Classify the goods/services;
(4) Translate the goods/services into the specified language (first 20 items at no cost);
(5) Country-specific adaptation and conversion of goods/services designation where applicable (first 20 items at no cost).
Notes:
(1) All fees are exclusive of bank charges, priority claim, notarization or legalization fees, courier fees (mailing of Power of Attorney or Certificate of Registration) and taxes, if any.
(2) The fees quoted above apply only to trademark applications which are unrejected, unopposed and proceed without any complications. If the application is being rejected or opposed or complication is incurred, we can help to respond and our fees will be quoted upon request.
(3) The fees quoted above apply only to the basic on Use in Commerce and foreign application under certain international agreements.
(4) If the application is based on the Intent of Use or foreign application under certain international agreements, the applicant will need to file a statement of use within a particular time to prove the mark has been used in Commerce in the USA or a copy of the Registration Certificate in the applicant’s home country will need to be filed with the USPTO. The fees for filing the Statement of Use for the first class is USD470 and each additional class is USD420. If no Statement of Use can be filed on time, an Extension Request should be applied. Each can be extended six months, up to five requests. The Extension Request for each class will be charged for USD300.
| (1) | A completed trademark search/registration order form. |
| (2) | A soft copy of the trademark in JPEG format. |
| (3) | A copy of Certificate of Registration in home country (foreign application under certain international agreements). |
| (4) | Specimens of use and Statement of Use in each class (Use in Commerce or Intent to Use). |
| (5) | A priority document when priority is claimed (extra charge will be charged for filing priority claim documents). |
| (1) | Kaizen acknowledges the information including the specimens of mark, its goods/services and registration details, then provides the latest quotation, preliminary advice and classifies your goods/services; |
| (2) | After the quotation has been confirmed, client will be required to complete our Trademark Search/ Registration Order Form and send it back to Kaizen by email, fax or post; |
| (3) | Once receipt of the payment for pre-filing search, Kaizen will conduct the pre-filing search (if requested). The search report will be sent to client within 15 working days (based on the duration of the official search); |
| (4) | Client could refer to our analysis and suggestion in the search report and decide whether to file the application. Kaizen will file trademark application to the USPTO upon receipt of your payment and instruction; |
| (5) | The USPTO will conduct a search of the trademarks records to see if the same or similar trademark has already been registered or been applied for by another trader in the same or similar class. They will also see if the trademark satisfies the registration requirements laid down in the Lanham Act. If the requirements for registration are not met, the Examiner will object to the mark; |
| (6) | Once your trademark has been accepted for registration, it will be published on the Official Gazette for Trademarks; |
| (7) | If no objection by a third party, a registration certificate will be issued by the USPTO. We will review and send the certificate to you. |
Our fees for each stage of an application are to be invoiced and settled before the commencement of each stage of service. If a China or Taiwan Value-Added Tax invoice is required, 7.5% or 5% additional charge will be incurred.
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Refund Policy
In any case you pay us our fees for all three stages of an application, and the search result indicates that there is an identical mark already in the register, the application for filing should not be proceeded, the fees for services not performed, i.e., filing for application and issuing of certificate of registration will be refunded, after deducting bank wiring charge.
