If the mark is available, we then prepare a federal application to attempt to register the mark on the client's behalf.

Such application preparation and filing costs typically total approximately $685-$745, and our usual procedure is to request a retainer fee of the lesser amount. This fee includes the governmental filing fee of $325.00 (PTO fee schedule of 10/01/2000).

Once the application is completed and forwarded to the client for signing, our bookkeeper also then renders a detailed billing for the exact cost involved.

After the application is filed, there usually will be additional prosecution costs involved, depending, for example, on what course of action the government Trademark Examiner follows or legal position the Examiner takes with respect to the application.

Typically, the prosecution of a trademark application takes approximately six (6) or more months and costs approximately $250-$850. However, if serious, complex legal issues are raised by the Examiner, the prosecution costs can be greater.

Once the U.S. application is completed, nothing more needs to be done for an initial period of five to six (5-6) years.

We enter all of the pertinent, future deadlines involved into our docketing system, with the intention of alerting you to the deadline requirements around the five year point, informing you exactly what must be done to maintain the registration and what the costs are then. Likewise, when the ten year renewal deadline comes up, it is our intention to alert you to that deadline with the appropriate information necessary for you to continue to maintain your federal trademark rights.

However, clients likewise should enter the various deadline dates in their own calendars to be sure that the deadlines are met.

Each step of the way the client is advised what steps or procedures are required or are available, with the client being informed in advance what costs might be incurred on a step-by-step basis.

Although we could charge one relatively large, set fee for all of these services in advance, making it simpler for us, we believe it is better and more cost effective from the client's standpoint to provide our services and charges on a step-by-step, phased basis. This results in each individual client being charged only for what that client actually needs.

However, if the client prefers one set, all encompassing fee, a one time, advance payment of $1,800.00 will obligate us to provide the following services to you over the next five years, without any further charge to the client, namely:

- prepare and file with the client's approval an application to register the mark on the Principal Register with the U.S. Patent & Trademark Office;

- send the client ongoing letter reports keeping the client informed of the filing information, what takes place in the application with respect to what action(s) the Examiner renders and what responsive action(s) we prepare and file to the Examiner's action(s), and, assuming the application is ultimately allowed, the issuance data and future deadlines that must be met to maintain the federal registration;

- complete prosecution of the application, through the examining level to allowance, up to and including a maximum of two responses to any actions rendered by the Examiner; and

- docketing of the various deadlines needed to maintain the registration (assuming the application is successful) and sending the client our first letter in approximately five to six years, reminding the client of the initial deadline.

Success of the application can not be guaranteed, but our very best efforts will be made and will likely succeed.

Additional considerations to federal registrability may include:

1) Interstate use - the mark must have a continuous, bona-fide interstate usage or the applicant must intend to use the mark in interstate commerce prior to filing the application for registration;

2) "Merely Descriptive" - the mark cannot be "merely descriptive" of the goods or services offered in conjunction with the mark for registration on the Principal Register. If the mark is "merely descriptive", it may be registrable on the Supplemental Register and, after for example five years, one may re-apply to have the mark placed on the Principal Register; and

3) "Confusingly Similar" - in evaluating the prior registrations, the mark must not be "confusingly similar" with a prior registration or a pending application having a earlier filing date. This is the purpose of a trademark search, to evaluate the searched for mark in light of the prior registrations and pending applications.

Thus, if a mark is currently used in a bona-fide manner in interstate commerce or such use is intended, is not "merely descriptive" of its goods or services, or "confusingly similar" to another's mark, then there would appear to be a positive opportunity of obtaining a U.S. federal registration, unless subject to one or more technical deficiencies which are relatively rare.

Please note that a trademark search typically pertains to federal registrability only and does not include the individual state registration records, which vary from state to state. To include a search of each of the state registration records typically would add another $175.00 to the search cost.

A state registration, such as, for example, a Louisiana state registration is available based on a date of first use of the mark anywhere, and a date of first use in the State of Louisiana. Reservation of a mark intended to be used in Louisiana is also available in Louisiana. Information on other state trademark procedures is available on request.

A Louisiana registration, like most other states, will be in effect for 10 years, at which time the state registration can be renewed for an additional 10 year period, and renewable thereafter for subsequent 10 year periods for as long as the mark is in use in the state. The cost of preparing and filing the state registration application is typically $285.00 which includes a $50.00 filing for a single class application.

All costs and estimates given herein are intended for general information purposes only and are subject to change without prior notice. Costs and legal fees can vary substantially from case-to-case. However, cost estimates are available without charge and can only be relied on when they are given by an authorized representative of the firm to a particular client for a particular matter.