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UNITED STATES TRADEMARK/SERVICEMARK
    Official Fee Attorney Fee
I. INITIAL FILING
 

Basic Federal Application includes preparation of application, drawing page and simultaneous filing of specimens delivered to the United States Patent & Trademark Office. Notifying client of official correspondence, periodic reporting, publication and transmission of Registration certificate. Included as a special bonus: A&S Trademark Usage Guide.

The Basic fees quoted herein do not include any search or clearance services, do not cover advisory opinions nor priorities based on Foreign registrations and filings, complex designations of trademark classifications, design or graphical drafting, nor other service fees, if any are required for responses to official actions, amendments, oppositions, objections and appeals. Any such additional services will be billed at our Hourly Rate (H/R$) plus nominal expenses.

US1) Application for Trademark/Service Mark
  - in 1st class of goods and services 335 275
  - for each additional class 335 105
US2) Amending Intent - T0 - Use Applications
  a. Statement of Use/Amendment to Allege Use 100 125
  b. Request for Extension of Time to File Statement of Use/Amendment to Allege Use 150/class 100
II. RENEWAL & MAINTENANCE
US3) Application for Renewal of U.S. Trademark/Service Mark Registration (Sec. 9)
  - in 1st class of goods and services 400 275
  - for each additional class 400 100
US4) Affidavit of Use (Sec. 8) 100/class 125
US5) Affidavit of Incontestability (Sec. 15) 200/class 150
US6) Combined Affidavit of Use/Incontestability
(Sec. 8 & 15)
300/class 250
US7) Late Renewal within the 6-month grace period 100/class 100
US8) Recordal of Assignments at the USPTO
  -first mark per document 40 H/R$
  -for second and subsequent marks in the same document 25 H/R$
III. INTER-PARTES PROCEEDINGS AT THE TRADEMARK TRIAL AND APPEAL BOARD
US9) Notice of Opposition 300/class H/R$
US10) Petition for Cancellation 300/class H/R$
US11) Notice of Ex Parte Appeal 100/class H/R$
IV. ADVICE, SEARCH, CLEARANCE, ENFORCEMENT AND LITIGATION H/R$
US12) Registration Beyond the Basic Application
 

Services may include: search, clearance, due diligence and watch/notice. We respond to official actions, and handle objections, oppositions, cancellations, invalidations and the filing of appeals from initial refusals by the Examiner.

US13) Counseling Getting the Deal Done Right
 

Services may include: license agreements, assignments, consents, confidentiality, work-for-hire, vendor and marketing agreements, employment policies, joint-ventures, security interests in, and transfers of ownership and goodwill. We advise and review on licensed products, advertising copy, and promotional/point of sale materials. We consult on proposed legal pleadings, license agreements, or other legal documents as related to the sale, license or transfer of intellectual property rights.

US14) Enforcement Litigation and Pre-Litigation
 

Services may include: infringement investigations, cease and desist letters, and the preparation of pleadings, notices and claims in State and Federal Court. We prepare detailed legal research, opinion letters, and handle complaints, answers, jurisdictional challenges, preliminary and permanent injunctions, pre-trial orders, writs, seizure and impoundment, discovery matters, protective orders, trials, appeals, and other proceedings as related to unfair competition, infringement and passing-off on intellectual property rights.

 

All of these functions can be efficiently performed within budgetary guidelines based on our extremely competitive Hourly Rates plus nominal expenses.

V. SPECIAL SERVICES
US15) Trade Dress Applications   on request
US16) Translations/Transliterations[**]   on request
US17) Certified Copies or Duplicate Registration Certificates   on request
US18) Domestic Representative for Foreign Trademark Applicants[]
  Designation at the United States Patent & Trademark Office   75/calendar year
  (1st year included with Basic Application) renewable annually
US19) International Trademark and Service Mark Watch Services   on request
US20) Worldwide Trademark Portfolio Management Program   on request
 

Services include: the coordination of renewal deadlines, maintenance fees, recordals and required submission of affidavits and specimens of use.

US21) Brand and Advertising Market Surveys   on request
 

Services include: research and consumer/market studies regarding brand value, recognition, competition, and likelihood of confusion.

US22) Brand Development and Expansion Strategies   on request
 

Services include: identification of primary and secondary classifications of use; assisting client extension into new areas of business: goods, services and geographical markets. Liaising and negotiating with vendor manufacturers in specific product development areas and places to create and extend sales of licensed product.

US23) Trade Secret Protection   on request
  Services include: auditing and advising on employee agreements and confidentiality and non-disclosure policies and procedures for businesses. Advising on options in the event of public disclosure or unauthorized third party use.
US24) Internet Domain Registration, Disputes, Transfers and ICAAN Arbitration   on request
 

A&S assists its international clients in developing Internet strategies that: promote trademarks and brands in more than 180 countries through domain name registrations. We protect against cybersquatting, dilution, and meta tag infringement, and we prevent confusion from occurring online.

Watch Services include: regular research on the International WHOIS indexes to research usage by name and to locate web page owners in nearly 200 countries worldwide;

Registration Services include: confidential purchase, reservation and parking of Internet domain names at more than 50 domain name registries worldwide and in several languages, including Chinese, Japanese and Korean.

Domain Dispute Resolution Services include: cease and desist demands, UDRP complaints for cancellation and suspension of abusive registrations or meta-tag infringement, domain name transfers by agreement, ICAAN arbitrations and court actions.

  Footnotes
 

Before any U.S. Registration will issue, the applicant must show that he or she has made commercial use of the proposed mark in the United States.

You must file a Section 8 declaration, specimen of use, and fee on a date that falls on or between the fifth and sixth anniversaries of the registration. You must also file a Section 8 declaration, specimen of use, renewal application and fee on date that falls on or between the ninth and tenth anniversaries of the registration, and each successive ten-year period thereafter. For an extra fee, you may file within the six-month grace period following the registration expiration date. FAILURE TO FILE A SECTION 8 DECLARATION WILL RESULT IN CANCELLATION OF THE EXISTING REGISTRATION.

To claim that a mark registered on the Principal Register is now incontestable, you must file a Section 15 declaration once the mark has been in continuous use in commerce for a period of five (5) years after the date of registration, or date of publication under § 12(c), and the mark is still in use in commerce.

You may file a Combined Declaration of Use & Incontestability under Sections 8 & 15 only if you have continuously used a mark registered on the Principal Register in commerce for five (5) consecutive years after the date of registration. You must file the Combined Declaration, specimen, and fee on a date that falls on or between the fifth and sixth anniversaries of the registration (or, for an extra fee of $100.00 per class, you may file within the six-month grace period following the sixth anniversary date). If you have NOT continuously used the mark in commerce for five (5) consecutive years, you must still file a Section 8 Declaration. You must subsequently file a Section 8 declaration, specimen, and fee on a date that falls on or between the ninth (9th) and tenth (10th) anniversaries of the registration, and each successive ten-year period thereafter (or, for an extra fee of $100.00 per class, you may file within the six-month grace period). FAILURE TO FILE THE SECTION 8 DECLARATION WILL RESULT IN CANCELLATION OF THE REGISTRATION.

Every application and document submitted to the United States Patent and Trademark Office and most other official agencies must usually be in English or translated into English. Any document or wording in any language other than English should be accompanied by an English translation. Alternatively, A&S offers Translation and Transliteration Services, prices on request.

SPECIAL NOTE FOR FOREIGN APPLICANTS AND AGENTS: Under 15 U.S.C. 1051(e), an applicant not domiciled in the United States must designate a domestic representative on whom notices or process in proceedings affecting the mark may be served. To assist our foreign clients in complying with all requirements of the relevant laws, A&S may, in its discretion and under certain additional terms, agree to serve as the applicant's Domestic Service Representative. However, in so doing, unless otherwise stated, the scope of this service shall be limited to promptly notifying the foreign applicant of the general nature of the matter concerned and to forward copies of any such documents or notices. A&S shall undertake no duties to provide advice or represent any party in any legal matter unless a separate agreement to undertake such relationship exists.

$ Our competitive hourly rates generally range between $225.00 and $300.00 per hour for attorney time depending on the complexity of the matter or the need for expedited services. Further discounts are available for bulk work, and in all cases, a fee estimate and a formal representation agreement will be made in advance.

UNITED STATES COPYRIGHT
    Official Fee
(US$)
Attorney Fee
USİ1) Application for Copyright Registration 30 219
 

Basic Application for literary works, visual arts, performing arts, sound recordings and serial works.i Fees include preparation of one application form for up to two authors or contributors and initial filing of deposit material delivered to the United States Register of Copyrights. Notifying client of official correspondence, periodic reporting, publication and transmission of Registration certificate.

USİ2) Recordal of Documents with the U.S. Copyright Office
 

Basic Recording of changes to the information listed on Original Registration Certificate, e.g., Assignments or Transfer of Copyright; Security Interest; License; Will; Change of Name of Owner; Termination of Transfer; Shareware; Life Identity, Death Statement; Transfer of Mask Works; etc. may be recorded. The basic fees include the filing and recordal of a document of any length containing one title. Any number of additional titles may be recorded with the Copyright office. When completed, the submitted documents are returned with a certificate of recordation bearing the Copyright Office seal.

  -first document title 50 H/R$
  -each additional title (up to a maximum of 10) 15 H/R$
USİ3) Renewal of Copyright Registration
  Standard Renewal Registrations 45 200
  Addendum to Renewal Registrations 15 H/R$
USİ4) Appeals to the Copyright Board of Appeals from a Refusal to Register
  First appeal 200 H/R$
  Each additional related claim 20 H/R$
  Second Appeal 500 H/R$
  Each additional related claim 20 H/R$
    Official Fee
(US$)
Attorney Fee
(US$)
ADVICE, ENFORCEMENT, LITIGATION AND TRANSACTIONAL SERVICES H/R$
USİ5)

Litigation services may include: infringement investigations; cease and desist letters; preparing complaints, answers and other pleadings in State and Federal Court. We also handle preliminary injunctions, pre-trial Orders for writs, seizures and impoundments, discovery matters, protective Orders, trials, appeals, and other intellectual property proceedings.

USİ6)

Advising, preparing and reviewing licensing and/or assignment contracts, advertising copy, promotional/point of sale materials. Drafting and negotiating agreements, consents, confidentiality, work-for-hire, vendor and marketing agreements, employment policies, joint-ventures, security interests in, and transfers of copyright ownership. Performing legal research, reviewing and commenting on legal pleadings, license agreements, or other documents.

USİ7) SPECIAL FORMS, SPECIAL REQUESTS AND RECORDALS
  Requests for Full term Retention of Copyright Deposits[] 365 100
  Special Handling and/or Expedited Processing[§§]   on request
  Searches~   on request
 

Services include researching Copyright Office for records for information on copyright registrations, renewals, and transfer and other documents. A written report is sent for each search conducted.

  Certified Copies or Duplicate Registration Certificates   on request
  Expedited Certifications and Document Services[***] 125/min H/R$
  GATT - Restoration Application 30 H/R$
 

Registration of claims in a work in which U.S. copyright registration was restored under the 1994 Uruguay Round Agreements (URAA). Fees include any single work or series of works published under a single title in multiple installments or issues during the same calendar year.

  NIE - Notice of Intent to Enforce a Copyright 30 H/R$
  Restored Under the URAA
 

Online Service Provider Designations as Agent to Receive Notification of Claimed Infringement for Internet Service Providers and Web Hosts only[]

20 H/R$
  Amendments to Designation of Agent 20 H/R$
 

(WGA) Registration of a Script, Screenplay or Treatment at the Writers Guild of America, Intellectual Property Registry

wga fee included 175~
FOOTNOTES (UNITED STATES COPYRIGHT)
 

i Literary works normally includes: fiction, non-fiction, poetry, prose, textbooks, cookbooks, catalogs, advertising copy, speeches, software codes and computer programs;

Visual arts includes paintings, drawings, photographs, sculpture, maps, graphical designs, art reproductions, cartoons, unique package designs, technical drawings, architectural works etc.);

Sound Recording protection should be used to protect published and unpublished musical, dramatic, or literary works to protect the sound recording itself, in addition to any copyright in the underlying work;

Performing arts includes musical compositions, dramatic works, scripts, choreography, motion pictures, and other audiovisual works).

A published deposit is generally retained by the Copyright Office for at least 5 years. Aside from the visual arts category, a specific request must be made to ensure that the Copyright Office will keep a published deposit for the full length of the copyright term. Unpublished deposits and published works of visual arts are usually kept for the full copyright term.

Under certain circumstances, the Copyright Office will consider requests to process an application for registration or recordal on an expedited basis. Situations where such special requests are approved include pending or prospective litigation, cases involving the U.S. customs service, contractual matters and publishing deadlines.

~ Searches are not made (and are not necessary under the law) to determine whether a similar work has already been registered. Such searches are not possible because the Copyright Office does not index by subject.

Anyone may request an additional certificate of registration, copies of the application, correspondence or other documents. Copies of the deposit material may also be obtained when requested by the copyright claimant or owner of record or by a designated agent of the owner of any of the exclusive rights or by an attorney or authorized representative in connection with actual or prospective litigation. These services may often be performed on an expedited basis.

On October 28, 1999, the Digital Millennium Copyright Act (subtitled the Online Copyright Infringement Liability Limitation Act) amended the copyright law to provide for limitations for service provider liability relating to material online. The Act serves to limit the liability of service providers for claims of infringement caused by material residing, at the direction of a user, on a system or network that the service provider operates. The limitations on liability apply to a service provider only if the service provider has designated an agent to receive notifications of claimed infringement to the Copyright Office and through the service provider's publicly accessible website. A&S can prepare the required forms and for an additional fee, serve as a designated agent on behalf of a qualified online service provider.

~ Nominal disbursements for postage, reproductions and telecommunications may apply.

CALIFORNIA STATE REGISTRATIONS OF
TRADEMARK/SERVICEMARK, TRADE NAME AND BUSINESS NAMES
    Official Fee
(US$)
Attorney Fee
(US$)
CA1) Application for California State Trademark/Service Mark Registration
  - in 1st class of goods and services 70 229
  - for each additional class 70 75
CA2) Application to Register Specific Brand Descriptions
  Description of Brand on Returnable Containers 30 145
  Description of Brand (Equipment/Supplies) 30 145
  Laundry Supply Description 10 145
  Name of a Farm, Ranch, Estate or Villa 10 145
  Secretary of State Business Trade Registry (available Fall 2001)
CA3) Application to Renew a California State Trademark 30 175
CA4) Recording Assignments of California State Trademark/Servicemark
  - for first document title 30 H/R$
  - for second and subsequent marks in the same document 25 H/R$
CA5) Amendments to Proprietors Name and Address --- H/R$
CA6) California Corporate Name Reservation1 nom. 100~
CA7) Fictitious Business Name (DBA) Registration2 nom. 165~
  County Clerk/Registrar
CA8) Designation for Agent of Service of Process3 for non-resident 115 175/calendar year
  Foreign Corporations conducting business in California renewable annually



DISCLAIMERS, RECANTATIONS AND THE LIKE

These materials are not to be construed as legal advice on any specific matter. The information contained herein is a public resource of general information, which is intended, but not guaranteed, to be correct, complete and up to date. However, this information is not to be construed to be a source of advertising, solicitation, or legal advice, nor is this intended to be an offer to perform services in any State or Country where in so doing would constitute a violation of any law or ethical rules of any such jurisdiction.

A&S maintains FAQ (Frequently Asked Questions) sheets about a variety of intellectual property matters and are available on request through our website: www.BrandXperts.com.

We would be pleased to communicate with you through email. However, until otherwise explicitly agreed, A&S cannot and does not represent any party, person, entity, corporation, agent or other client and thus, no such relationship exists. In communicating with us, please remember that Internet e-mail is not entirely secure, so please avoid sending any sensitive or confidential e-mail messages unless they are adequately encrypted and properly directed.

Finally, while A&S is committed to providing the most competitive rates for high-quality and professional legal services, unless otherwise explicitly stated or agreed, our fees remain subject to change without notice.

FREQUENTLY ASKED QUESTIONS RE: CALIFORNIA BUSINESS NAMES

1. WHY RESERVE A CORPORATE NAME?

If you are in the beginning phase of forming a new business, and you or your business partners are still not ready to make the investment to file a new corporation but you already have an idea for the desired company name, then it may be a good idea to officially reserve the company name. Corporate names are filed in California on a first-come, first-serve basis. The first one to file is most likely assured to get the desired name and can even prevent a registered trademark proprietor and others from registering, using or fully exploiting their own corporate names. Moreover, a corporate name registration may prevent similar names from being registered in the name index with the Secretary of State's Office.

When you wish to reserve the name of a corporate or non-profit organization, A&S will search the database indexes of California Corporations, Limited Partnerships and Limited Liability Companies to determine whether any particular name is registered in Secretary of State's corporate name database. If your desired name is available, A&S can arrange an in person delivery of the Name Reservation application to the State government offices. There, the Certificate of Name Reservation can be issued immediately and the proposed name may be reserved for sixty days. Our fee includes payment of the official State reservation fee, and fax or mailed delivery of the Reservation Certificate to you. You can specify, in order of preference, up to 3 potential company names.

Although a name reservation may be renewed, after any 60 day reservation period expires, if the company's incorporation documents are not filed, the reservation is canceled and the name is no longer held. Name reservations can only be done for Corporations and Non-Profit Companies. LLC's and Limited Partnerships cannot reserve a name.

2. Fictitious Business Names ("DBAs") in California

What is a fictitious firm name?

One that does not include the surname of the Operator or one that implies the ownership participation of others such as "Brothers, Associates, Company," or if a corporation owner, a name different from that registered in the Articles of Incorporation. It is called a fictitious name, simply because the person or company is Doing Business As a name other their own.

Who must file for registration?

All individuals, partnerships, trusts, corporations and associations who operate under names which differ from their legal name.

How often must the fictitious name statements be filed?

Every five years or at any time that there is a change of name, ownership, address, or other information.

What is the purpose of this procedure?

The requirements have been in effect in California since 1872 and are designed to protect the consumer by enabling him or her to identify the person or persons who is involved in the business transaction. In addition, most, if not all, banks in California will demand proof of filing and publication prior to opening an account or otherwise honoring a check in the name of the fictitious firm name.

What does a "DBA" not do?

A DBA is not an incorporation or forming any business entity. It is not a Trademark. It does not "give you any exclusive right" to use the fictitious name as related to any senior user of a trademark or trade name. It merely serves as an official recording of the business's operating name and the identity of the person or company who is doing business under an assumed or fictitious name other than their own.

Though filing a DBA may be a matter of law, in many cases, a DBA filing will not even prevent later users from filing or doing business under the identical or substantially similar business name. DBAs are not always searched against existing government records nor compared against prior and similar names prior to registration. Moreover, because the Secretary of State and each County Registrar maintains their own records in separate databases, for common law trademark purposes, it may often prove much too establish clear title and resolve any potential similarity issues prior to filing. Detailed searches may be well advised.

If a DBA registration is not a trademark, what are the trademark benefits of filing?

Though a DBA registration does not establish the distinctiveness of a trademark or trade name, a DBA may be used to show conclusive proof of first use by the registrant -- that the name was first used in commerce in California as of a certain date. In Court, evidentiary proof of priority is established in the event that competitors later use or file under the same name. In an action for trademark infringement or unfair competition against a junior user of a mark, an earlier filed fictitious business name registration is effective to establish priority against all subsequent users. Although a DBA filing itself may not prove that a name is different in sound, spelling or meaning to earlier traders - - - when a fictitious business name is distinctive and unique to others, DBAS may be used effectively to restrict infringement and unfair competition. A further benefit comes from the direct advertising value through multiple insertions of the name and address of the business, which are published at least four times in subsequent weeks' newspapers usually appearing in bold type and capital letters.

I'm still not convinced, what happens to if I do not file a "DBA"?

If a person or entity has been doing business in California under a name other than their own legal name, in addition to potential monetary penalties, with few exceptions, there is a procedural bar to appearing in court. That is to say: a party cannot entertain, or defend a civil court action in any California court until the law has been complied with.

Can a foreign business ever bring suit for infringement of its trademarks in any California Courts?

Claims based on trademarks registered with United States Patent & Trademark Office are usually heard in Federal, not State Court. However, certain rights protected by the State under the California Unfair Competition Law (Bus. & Professions Code) might not be available to a foreign (out of state or country) corporation transacting intrastate business in the State of California who has not qualified for business with the Secretary of State's Office.

3. DOMESTIC AGENT FOR SERVICE - California

A foreign (out of state or country) corporation transacting intrastate business in the State of California must qualify to do so with the Secretary of State's Office. "Transacting intrastate business" is defined as entering into repeated and successive transactions of a corporation's business in this state, other than interstate or foreign commerce. See Section 191 of the California Corporations Code.

What is an "Agent for Service of Process" and who can be such an agent?

An agent for service of process is an individual (or another corporation) designated by a corporation to accept service of process if the corporation is sued. California residency is the only requirement for an individual to be named as an agent for service of process. A corporation named as an agent for service of process must have on file with the California Secretary of State a certificate pursuant to Section 1505 of the California Corporations Code.

· NOTE: A corporation cannot act as its own agent. Approval from a proposed agent should be obtained prior to designation.

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