Thanks for considering Erik M. Pelton & Associates. After we send a quote, most people have a few follow-up questions: what the fee covers, what happens after filing, and what comes next. This page answers the ones we hear most, so you can decide with confidence.

Our fees are flat. You know the cost up front, and there are no surprise bills for routine USPTO work.

Our Fees at a Glance

These are our starting attorney fees. We confirm your fee in writing before any work begins. USPTO government fees are separate, and our rates are the same for U.S. and international clients.

Service Our fee USPTO fee
Comprehensive search and written opinion, up to 3 classes $1,400 per mark None
Comprehensive search and written opinion, 4 or more classes $1,900 per mark None
Expedited search (delivered in 5 business days) Additional $500 None
New trademark application, up to 3 classes $2,900 per application $350 per class
Each additional class beyond 3 $300 per class $350 per class
Taking over a pending application with a substantive Office Action $3,000 flat Usually none
Taking over a pending application with a procedural Office Action only, or after the Notice of Allowance $1,800 flat Usually none
Paid consultation $500 for one hour, which typically covers about 30 minutes of research plus a 30-minute call None

USPTO fees are set by the USPTO and can change. Current amounts are on the USPTO fee schedule.

What Does the Application Fee Include?

Our application fee covers the whole USPTO process, from preparing the application to registration. That usually takes 12 to 18 months. It includes:

  • Preparing your application and reviewing it with you before we file
  • All correspondence with the USPTO
  • All Office Action responses, procedural and substantive, including likelihood-of-confusion refusals
  • A basic response to a final refusal, if that is all that’s needed
  • For intent-to-use applications: the Statement of Use (including review of your specimen) and any extension requests
  • Deadline tracking in our proprietary docketing software

What isn’t included: USPTO fees, appeals to the Trademark Trial and Appeal Board, oppositions and cancellations, maintenance filings after registration, and filings outside the U.S. If you ever need one of these, we quote it separately. We never start additional billed work without your written approval.

What Will a Typical Filing Cost, Start to Finish?

Here’s a common example: one word mark, one class, filed on an intent-to-use basis.

Step Amount
Comprehensive search and written opinion $1,400
Application (our fee) $2,900
USPTO filing fee (1 class) $350
Credit if the search is clear and we file that mark −$500
USPTO Statement of Use fee, paid later (1 class) $150
Total $4,300

Each additional class adds $350 in USPTO fees. Our fee stays the same up to 3 classes and adds $300 for each class beyond that. If you’re already using the mark, a use-based application skips the Statement of Use fee.

USPTO fees for extension requests are $125 per class, if you need more time to start using the mark.

What Does the Comprehensive Search Cover?

The comprehensive search and written opinion looks at one proposed mark across all the classes you plan to file in. It includes:

  • USPTO records, including marks with similar sounds, spellings, and meanings
  • State trademark registrations
  • Common-law (unregistered) uses: business names, websites and domain names, social media, and online marketplaces
  • A written opinion on the risks of both registering and using the mark
  • A follow-up call after you receive the report, at no extra charge

Turnaround: about 10 business days, or 5 business days for an additional $500.

Not covered: logo designs (we search the words in your mark), searches outside the U.S., and additional marks. Each additional mark is a separate search.

Do I Need the Search Before Filing?

The search is optional, but we recommend it, especially before you invest in a new name. It shows you what’s already out there, so you can choose with confidence and avoid problems after you’ve built your brand.

You can start with the search alone and decide on the application after you see the results. If the search is clear and you hire us to file that mark, $500 of the search fee is credited toward the application.

Is the Fee Per Class or Per Application?

Per application. One application covers one mark in up to 3 classes for $2,900, and each class beyond 3 adds $300. The USPTO charges $350 per class. A word mark and a logo are separate applications.

You don’t need to know your classes before you hire us. We work them out with you as part of preparing the application.

How Long Does It Take?

  • Comprehensive search: about 10 business days, or 5 business days for an additional $500
  • Preparing the application: usually within a week, and we file as soon as you approve it
  • Registration: typically 12 to 18 months after filing, though USPTO timing varies and is outside our control

Do You Offer Any Credits or Discounts?

  • Search credit: if the search is clear and you hire us to file that mark, $500 of the search fee is credited toward the application.
  • Consultation credit: if you book a paid consultation and then hire us, $250 of the $500 is credited toward the next flat fee.
  • Word mark and logo together: $500 off each application when both are filed at the same time.
  • Veteran-owned businesses: 30% off.

We don’t offer other package or multi-mark discounts. Each mark takes the same time and research, so each is priced the same.

How Does Payment Work?

  • Each flat-fee project is paid in full at the start, by credit card, wire, e-check, or bank check. International clients usually pay by card or wire.
  • You can engage us one step at a time: the search first, then the application.
  • Our fee agreement names your mark, the classes, and the work covered.

What If I Change My Mind Partway Through?

You’re charged only for the work we’ve done, and the rest is refunded.

Is the First Call Free?

Yes. We offer a free 15-minute introductory call about our process, fees, and timing. On that call, we’ll also let you know whether your situation calls for a paid consultation.

Can You Tell Me If My Mark Will Register Before I Hire You?

We wish we could, but we can’t responsibly give an opinion on a specific mark until we’ve been retained and reviewed the records. Any opinion before then would be a guess. That includes questions like whether a mark will register, which classes to choose, or how to answer an Office Action.

There are two good ways to get that advice:

  • The comprehensive search and written opinion, for a mark you haven’t filed yet
  • A paid consultation: $500 for one hour, which typically covers about 30 minutes of research plus a 30-minute call by phone or Zoom. It’s a fixed fee, and nothing more is billed without your written approval. If you hire us afterward, $250 is credited toward the flat fee. Written-only consultations take longer and cost more.

No attorney can guarantee that a mark will register. What we can do is explain the risks clearly and give you the best path forward.

Who Will Work on My Matter?

“I am personally involved in or supervise every client matter. We have a small, experienced team of trademark attorneys who work closely together to provide each client with attentive service and knowledgeable guidance.” – Erik M. Pelton, founder and former USPTO Trademark Examiner

Can You Just Review or File an Application I Prepared?

No. We offer full-service representation only. Our signature certifies each filing to the USPTO, so we prepare, review, and stand behind every filing we make. That’s also why our flat fee covers the whole process, with no hidden costs later.

I’m Outside the U.S. (or Outside Your State). Can You Help?

Yes. U.S. trademark registration is federal, so we represent clients in all 50 states and around the world. Owners based outside the U.S. must be represented at the USPTO by a U.S.-licensed attorney, and we serve as attorney of record. You don’t need a U.S. company or address, and our rates are the same.

Whose Name Should the Application Be In?

The application must be filed in the name of whoever owns the mark, usually the business that will use it. If your company isn’t formed yet, let us know and we’ll plan the timing with you once engaged.

Is What I Share Confidential?

Yes. Lawyers owe confidentiality duties to prospective clients, so no NDA is needed. Until our conflict check is complete, please share just your mark, a short description of your goods or services, and the names of any other parties involved.

Ready for Next Steps?

If you’d like to proceed, reply to our email and we’ll send over a fee agreement and invoice. If you’d prefer to talk first, schedule a call.

Helpful resources while you decide:

Experience Is Our Trademark. Trademark Is Our Experience.®

This page is general information, not legal advice. Contacting us does not create an attorney-client relationship. Fees are starting rates confirmed in writing before work begins, and may change. Past results do not guarantee a similar outcome.