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What a trademark package should include: a checklist for comparing quotes

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A complete trademark package should include a search for similar names, a written opinion from an attorney on whether to file, a carefully drafted federal application, and responses if the USPTO pushes back, with every government fee spelled out. If a quote leaves one of those out, it isn't cheaper. It's just a different product.

Quotes in this market are hard to compare because everyone bundles differently. Use the checklist below on every quote you get, including mine. Ask for the answers in writing.

1. Who does the work

  • The attorney's name and bar number. The USPTO says only US-licensed attorneys can give legal advice or represent you before it, and that "agents" and "specialists" aren't attorneys. It tells applicants to check the bar number with the state bar.
  • Who signs the filing. The USPTO says no one but you or your attorney can sign your trademark filing.
  • Whether work is handed off. Ask if the person you talk to is the person who does the search and writes the application, or if it goes to a team you'll never meet.
  • Similar names, not only exact ones. The USPTO's most common hard refusal is likelihood of confusion, which covers names that look, sound or mean something similar for related goods or services. An exact-match search can't catch that.
  • State records and unregistered use. Someone who has used a name for years without a federal filing can still have older rights in their area.
  • Your specific goods or services. A good search is built around what you actually sell, not just the word.

3. A written opinion

A list of search results isn't advice. The package should include an attorney's opinion, in writing, on whether the name is worth filing and what the risks are. That's the document you'll make your decision on. If the opinion says the name is risky, ask what happens next: is a second search included, or is it a new charge?

4. The application itself

Several choices on the application are hard or impossible to fix later, so the package should cover each one deliberately:

  • The owner. You, your LLC or another entity. It should be the one that actually controls the brand.
  • The description of goods and services. Under the USPTO's rules, you can later narrow the description, but you can't broaden it. It also drives fees: the USPTO charges $200 more per class for a free-form description instead of one chosen from its ID Manual, and $200 per class for each extra 1,000 characters.
  • The classes. Ask how many classes the price covers and what each added class costs, in attorney fees and in USPTO fees.
  • The filing basis. Already selling, or planning to? That choice changes what you'll need to file later.
  • The specimen. If you're already selling, the USPTO needs proof of how you use the name. Ask whether someone reviews yours before it's filed.

5. Fees, all of them

  • The USPTO fee. The base fee is $350 per class, and it's separate from any attorney or service fee. Ask whether the quote includes it or adds it on top.
  • Surcharges. The USPTO adds $100 per class if an application is missing required information, plus the description surcharges above.
  • Platform or processing fees. Some providers add their own service charge on top of the advertised price. Ask for the total for your number of classes, with nothing left out.
  • Payment terms. Is the fee flat, or billed by the hour? Can it be split into payments?

6. Office Actions

This is where quotes differ most. An Office Action is a letter from the USPTO's examining attorney raising a problem with your application. There are two kinds:

  • Procedural. Fixing the description, adding a disclaimer, clarifying a detail.
  • Substantive. A refusal because the name is too close to another mark or too descriptive of what you sell. That needs a written legal argument and evidence.

Ask which kinds are included and what the others cost. The USPTO gives you three months to respond to most Office Actions, and an application with no response is abandoned. You don't want to be pricing a response with the clock already running.

7. Deadlines and correspondence

  • Who gets the USPTO's mail. Once an attorney is recognized on your application, the USPTO corresponds only with that attorney. Make sure that's someone who'll act on it.
  • Who's watching the status. The USPTO says applicants have a duty to track the status of their application and suggests checking at least every three to four months. Ask whether the provider does that for you.
  • What comes after filing. If you filed before you started selling, you'll need to file proof of use later. Ask whether that's included.

8. Guarantees and refunds

Read the exact words. Many guarantees cover only the provider's own fee, and only after a final refusal. USPTO fees generally aren't refunded when a mark is refused. Ask:

  • What triggers the guarantee?
  • Does it cover a new application, a refund, or a credit?
  • Does it cover any government fees?
  • What's the refund policy if you change your mind before filing?

Why the checklist matters

Representation changes outcomes. A study of USPTO data by Deborah Gerhardt and Jon McClanahan found that about 82% of attorney-represented applications were approved for publication, compared with about 60% of applications filed without one. A package that skips the search, the opinion or the Office Actions is skipping the parts that produce that difference.

How my package answers the checklist

Here's how Citrus Legal fills in each line, so you have one complete quote to compare against.

  • Who: Me, Gabrielle Crawford. I'm the only attorney. I do every search, opinion, filing and call. Nothing is outsourced.
  • Search and opinion: A full search with a written opinion, included.
  • Application and procedural Office Actions: Included.
  • Price: One mark is $2,600 flat, or three payments of $950. Two marks are $4,950, three are $7,300, four are $9,600 and five are $11,900.
  • USPTO fee: On top, $350 per class.
  • Substantive Office Actions: Not part of the $2,600 package. Ask me for the price for yours.
  • Guarantee: If my written opinion rates your mark low risk and the USPTO refuses it, I file a new application at no attorney fee. If your first search comes back high risk, one replacement search is free.
  • Search only: $650, credited in full if you file within 14 days.
  • Track record: Every application Citrus Legal has filed so far has been approved, with zero refusals.

If that's the package you want, start here.

Questions about your name? Email us at hello@citrus.legal, or book a paid 30-minute consultation (opens in a new tab) for advice on your specific situation.

Sources

This article is general information, not legal advice. Reading it does not create an attorney-client relationship.

When you are ready to own it

One mark. One flat fee. One attorney.

The search, the written opinion, the federal application and procedural Office Actions, for $2,600 or three payments of $950. Nothing is filed until you approve the search. If I call your mark low risk and the USPTO refuses it, I file again at no attorney fee.

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