All trademark application projects include working with Mallory to: Identify the appropriate classes for your trademark; Determine trademark type (word or design); Draft your trademark application; Capture specimens; File the application; Receive all inquiries from the USPTO; Respond to technical ROAs; and Docket renewal dates. (Substantive ROAs are not included).

Trademark Application Projects

« In-Use (“IU”) : $1,250

• Includes one class. Extras $250/each

« Intent-to-Use (“ITU”): $1,350

• Includes one class. Extras $350/each

• Does not include Extensions for Time to Show use

After a trademark is filed, a USPTO examining attorney reviews the application for potential refusal issues. Any problems are cited in an official correspondence called an Office Action. Response to Office Actions (“ROAs”) must be filed within 6 months (soon to be shortened to 3!) to keep your trademark application alive.

Office Actions are typically issued for substantive reasons such as likelihood of confusion and merely descriptive, or technical reasons such as insufficient identification of goods or services; disclaimers; and improper specimens.

ROA Projects

« Substantive ROA: $1,500

« Technical ROAs: $300*

*for new clients who didn’t file a trademark application with Mallory.

Trademark applications and registrations require maintenance to keep the trademark active. Mallory can help ensure no deadlines or filings are missed.

Trademark Maintenance Projects

« Attorney of Record Takeover: Best for those who are from a foreign country or have filed their own application and now need Mallory to serve as the Attorney of Record.

• $250 one-time fee

« Extension of Time to Show Use: For ITU trademarks that aren’t being used in commerce yet and need more time.

• $150 per class

« 5-Year Renewal & Declaration of Incontestability: Also known as a Combined Section 8 & 15 Declaration. Between the 5th and 6th years of registration, trademark owners are required to file a declaration of use to renew the trademark. It’s filed in conjunction with a Declaration of Incontestability..

• $525 per class

Before moving forward with a trademark application, Mallory always advises pursuing a Trademark Search. Searches help discover confusingly similar trademarks or other potential registration barriers.

Trademark Search Projects

« The Quickie: Conducted exclusively by Mallory wherein she delivers an opinion letter containing notable search results and recommendations. Best for those on a budget or with a higher risk tolerance.

• $550 per trademark

« The Deep Dive: Everything included in the Quickie, plus a comprehensive third-party search report and more in-depth opinion letter. Best for those with a lower risk tolerance.

• $950 per trademark

Once trademark registration is achieved, the owner is responsible for policing against use of confusingly similar trademarks. Such trademarks are best discoverable through monthly Trademark Monitoring efforts.

Trademark Monitoring Projects

« Trademark Watch: Each month, a third-party search report is delivered for Mallory’s review. If any problematic trademarks are identified, Mallory alerts you and recommends next steps.

• $500/month, including annual search report cost

« Domain Watch: Mallory receives monthly alerts regarding new domain names registered with your trademark. Mallory investigates the domain’s use, monitors it month-to-month, and recommends next steps like Trademark Enforcement or Nasty Grams.

• $300/month, including annual search report cost

« Monitoring Combo: For the aggressive brand protector. Includes services under both the Trademark Watch and Domain Name Watch.

• $750/month, including annual search report costs

In the event of trademark infringement, it is imperative that enforcement steps are taken. A primary way of enforcing trademark rights is through demand letters (aka: “Nasty Grams”), followed by trademark oppositions and cancellations.

Trademark Enforcement Projects

« Nasty Grams: Defined as a “particularly offensive email message” and way more fun to say than “Demand Letter” or “Cease and Desist” (boring!). It’s a letter asserting your trademark rights against infringement.

• $800 per letter, with extended negotiations billed hourly

« Merchandise Removal: Distribution of goods featuring a trademark can be susceptible to knock-offs. Platforms such as Amazon Brand Registry allow for the enforcement against trademark infringing fake goods.

• Billed hourly. Starting at $1,000 retainer

« TTAB Trademark Opposition:

• Billed hourly. Starting at $2,000 retainer, plus filing fees

« USPTO Trademark Cancellation:

• Billed hourly. Starting at $2,000 retainer, plus filing fees

Cybersquatting is the bad faith use of a confusingly similar trademark within a domain name. Cybersquatting is may be effectively combated with Nasty Grams, but there are also dispute resolution forums designed specifically for this issue.

Cybersquatting Projects

« Uniform Domain Name Dispute Resolution Policy (“UDRP”) Filing:

• Starting at $3,000*

« Uniform Rapid Suspension (“URS”) Filing:

• Starting at $1,500*

*Cost varies depending upon the number of domain names and panelists

Worried that someone might be infringing your trademark or if it’s fair use? Wondering if your trademark might be creating a likelihood of confusion with another brand? Walking around with a complex trademark inquiry? Your questions don’t have to go unanswered.

Assessments are a great way to understand the landscape of your situation and make an informed decision moving forward.

Infringement Assessment Projects

« Tip of the Iceberg: “Iceberg, right ahead!” Ok, but seriously. For simpler questions that don’t necessitate research, but still requires professional input. Includes only a 60-Minute meeting to troubleshoot with Mallory and get her honest opinion.

• Starting at $500

« Below the Surface: If you need deeper answers, this project is for you. Includes a 30-minute call, additional research, and short written memo.

• Starting at $1,000