Federal Trademark Filing Package
Federal Trademark Filing Package
Our Federal Trademark Filing Package is designed for businesses seeking legal guidance through the federal trademark application process before the United States Patent and Trademark Office (USPTO).
Before preparing a federal trademark application, we begin with a preliminary trademark search and assessment. This initial step helps identify potential conflicts or other concerns that may affect whether proceeding with an application is advisable.
Step One:
Preliminary Trademark Search & Assessment: $150
Before beginning the filing process, Fair Winds Law conducts a preliminary review of the proposed trademark.
The $150 preliminary assessment includes:
Review of the proposed trademark and the goods or services associated with it;
A preliminary search for potentially conflicting trademarks;
Review of readily identifiable federal trademark records and other relevant search results;
Identification of significant potential conflicts or registration concerns discovered during the preliminary search; and
A preliminary assessment regarding whether proceeding with a federal trademark application appears reasonable based on the information identified.
This is a preliminary screening intended to identify readily apparent concerns before a client incurs the full cost of preparing and filing an application. It is not a comprehensive trademark clearance search, availability opinion, infringement analysis, or guarantee that a trademark will be approved or will not be challenged by a third party.
If you decide to proceed with the Federal Trademark Filing Package following the preliminary assessment, the full $150 assessment fee will be credited toward the package price.
If the preliminary assessment identifies concerns and you decide not to proceed with an application, the $150 fee covers the search and assessment already performed and is not refundable.
Step Two: Federal Trademark Filing Package
Non-Member: $1,000
Member: $900
The $150 Preliminary Trademark Search & Assessment fee is credited toward these amounts if you proceed with filing.
The filing package includes:
Review of the proposed trademark and intended use;
Preliminary risk assessment and filing recommendation;
Identification of appropriate goods and services descriptions;
Selection of the applicable trademark class;
Preparation of one federal trademark application;
One trademark class;
Submission of the application through the USPTO; and
Communication regarding routine filing updates through application submission.
Why We Start With a Preliminary Search
Filing a trademark application does not guarantee registration. Potential issues may include existing registrations or applications for identical or similar marks, related goods or services, or other circumstances that could create a likelihood-of-confusion concern.
Conducting a preliminary search before preparing the application allows us to identify significant potential issues earlier and discuss them with you before you commit to the full filing package and USPTO filing fees.
The preliminary search does not eliminate all risk. Trademark rights can arise from sources that may not appear in a preliminary search, and a more comprehensive clearance search or legal analysis may be recommended depending on the circumstances.
Client Responsibilities
Clients are responsible for providing accurate and complete information regarding:
Ownership of the mark;
Current or intended use of the mark;
Goods and services associated with the mark;
Requested specimens, logos, or supporting documentation; and
Any known third-party use of identical or similar marks.
Please tell us about any trademarks, businesses, products, websites, social media accounts, or other uses you have already identified that you believe may be similar to your proposed mark. We need this information even if you do not believe the other use presents a conflict.
Not Included
Unless specifically stated in a separate engagement agreement, the Preliminary Trademark Search & Assessment and Federal Trademark Filing Package do not include:
Comprehensive trademark clearance searches or formal clearance opinions;
In-depth common-law trademark investigations;
USPTO filing fees;
Office Action responses;
Trademark monitoring services;
Cease-and-desist letters;
Trademark enforcement or infringement matters;
Opposition or cancellation proceedings;
Trademark litigation or appeals;
International trademark applications;
Assignment, licensing, or coexistence agreements; or
Maintenance or renewal filings.
Additional research or legal analysis may be recommended if the preliminary search identifies a potential conflict that requires further investigation.
Additional Trademark Class
Non-Member: $250 per additional class
Member: $200 per additional class
USPTO filing fees apply separately to each class.
Important Pricing Information
The $150 Preliminary Trademark Search & Assessment is the first step in our trademark filing process.
If you proceed with the Federal Trademark Filing Package, the $150 is credited toward the applicable package price. You therefore pay a total of $1,000 as a non-member or $900 as a member for our legal fees for the preliminary assessment and filing package, rather than paying the $150 in addition to the package price.
USPTO filing fees are separate and are paid in addition to our legal fees.
Trademark registration is not guaranteed. The USPTO ultimately determines whether an application will be approved.