For substantive responses your attorney will respond to the USPTO on your behalf.
Your attorney will file a TTAB opposition or TTAB response.
Includes legal counseling, drafting, editing, negotiation, and facilitation of the escrow service transfer.
Includes legal counseling, filing of one cancellation, and up to 4 hours of additional litigation/negotiation services.
One intellectual property licensing agreement with two rounds of modifications.
Your attorney will direct you to fill out this additional form if you wish to file an additional logo ("design") mark. Cost does not include USPTO filing fees ($250).
Drafting of a trademark coexistence agreement and a consent agreement.
Filing of Initial Disclosures and continuing to work to settlement on behalf of client. If settlement is possible this fee covers those expenses.
Your attorney will become Attorney of Record for your application, call the Trademark Examiner and make a non-substantive amendment to your application.
Services include filing of one trademark application at the USPTO. This service does not include any search report or opinion letter. Attorney will prepare trademark application and track its process at the USPTO. Client will pay application costs.
Your attorney will file one MN state trademark, respond to the third party cease and desist, and negotiate and draft/review any settlement agreement up to five hours.
Includes trademark consultation, attorney research, legal opinion and drafting of your trademark.
Law firm will mail one cease and desist letter and follow up with recipient. No litigation involved.
Filing one statement of use or allegation of use.
Terms & Conditions
Not the most enjoyable read, but hey, lawyers know how important it is to be clear about their services.
THE PARTIES & EFFECTIVE DATEThis Agreement is made between Kulseth Law P.L.L.C. doing business as Mighty Marks (“Attorney”) and You (“Client”) and is effective as of the latest date of signing by Client.NATURE AND SCOPE OF SERVICES TO BE PROVIDEDThe Legal Services to be provided by Attorney to Client are consultation time of up to thirty minutes regarding the proposed trademark, completion of a comprehensive federal and common law trademark search, drafting of an opinion letter as to the registrability and availability of the proposed mark based on said search results, preparation of Client's trademark application, and if filed, tracking Client's trademark application and responding to nonsubstantive Office Actions issued by the USPTO which require thirty minutes of time or less to answer ("Legal Services"). Attorney is not responsible for prosecution due dates or trademark renewal dates. All additional services are at an additional charge. Attorney will perform the Legal Services called for under this Agreement, keep Client informed of progress and developments, and respond promptly to Client’s inquiries and communications. Client will cooperate with Attorney, be available as requested, provide necessary declarations and files, promptly pay all fees and costs, and keep Attorney informed of Client’s whereabouts and current street address, telephone number(s), fax number, and e-mail address at all times. Client understands the Legal Services provided by Attorney do not guarantee registration of Client’s trademark. Client agrees that if the proposed trademark is registered Client is solely responsible for any future renewal deadlines and Attorney will not remind Client of said deadlines.
WEBSITE DISCLAIMER!The information contained in this website is not legal advice. It should not be construed as legal advice and should not be relied upon as such. The content of this website is informational only and may not precisely reflect current legal developments. The viewing of this website or communication from a viewer via email or internet does not constitute an attorney-client relationship between the viewer and Kulseth Law P.L.L.C. FEEThe Flat Fee for the Legal Services agreed to by the Attorney and Clients is $2,000.00 USD (the “Flat Fee”). Client agrees to pay Attorney $250 per month until the Flat Fee is payed in full. If Client wishes to file the proposed trademark in additional international classes Attorney and Client agree the fee is increased $250 per international class. If client chooses to submit an intent-to-use application, as opposed to an actual-use application, the Client will pay Attorney an additional fee. The additional fees covered under this Legal Service agreement include filing a request for a six-month extension per class ($125), filing an amendment to allege use per class ($100), Filing a statement of use per class ($100), and Petitions to the Director per application ($100). All additional services are at an additional charge. The rules of professional conduct for attorneys in the state of Minnesota require that unearned clients fees advanced by clients to attorneys must be kept in a separate “trust” account until the fees are earned and/or the representation is terminated by either party. However, clients may waive this requirement. Due to the small nature of the Flat Fee, as well as the administrative issues involved with moving the money between accounts, You hereby waive the requirement and allow the funds to be deposited in Kulseth Law P.L.L.C.’s operating account. By waiving this requirement the Flat Fee becomes the property of Kulseth Law P.L.L.C. upon receipt. The Legal Services are completed and the Flat Fee is earned when Attorney provides the trademark search report and opinion letter to Client. At this time, based upon the findings of the opinion letter, Attorney may also send the completed trademark application to Client with filing instructions. Client may be entitled to partial refund if the Client terminates this agreement prior to the completion of Attorney completing the Legal Services.
COSTS AND/OR EXPENSESUS federal government application fees are in addition to the above stated legal fees. The US federal government application fee is either $250 or $350 per international class for trademark filings.
WORK PRODUCT
The work product of Kulseth Law P.L.L.C. including research, writings, memoranda, notes from conversations, and all other confidential material will be maintained in strict confidence under the provisions of the attorney-client privilege.
TERMINATION
As is appropriate in any professional relationship, Client may terminate this engagement at any time upon reasonable notice to Attorney, and Attorney retains the right to terminate this Agreement as well. In the event Client terminates this representation, Client agrees to pay all bills thereafter rendered covering expenses incurred prior to termination.
ENTIRE AGREEMENT / SEVERABILITYThis Agreement contains the entire agreement of the Parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the Parties. If a provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
FORM OF SIGNATURESThe Agreement may be executed by the parties in electronic counterparts. For purposes of this signature, attorney Matt Kulseth, of Kulseth Law P.L.L.C. doing business as Mighty Marks, agrees to and accepts the terms and conditions. Client signifies its signature by providing its name in the Mighty Marks' application and accepting the Terms and Conditions.
T&C VERSION: 11/5/2021 TO PRESENT
$4,500 total fee. Mighty Marks will become Attorney of Record for Reg. 5262035, Apps 90085186, 88896848, and 90085184. Attorney will respond to all office actions with arguments and potentially expressly abandon international classes 25 and 43.
The legal fee above does not include potentially refiling additional applications in international class 43 (if necessary) or any other class. If necessary, and with client’s consent, the legal fee for each additional application is $1,495.
Search reports, opinion, application prep, and docketing for the following five (5) marks:
SGT PUPPA 1st Class (dog apparel/collars/leashes, etc) – US application: $250
i. MP Designating UK: $898
ii. Legal fees: $1,850
iii. Total: $2,998
SGT PUPPA 2nd Class (apparel) – US application: $250
i. MP Designating UK: $898
ii. Legal fees: $1,850
iii. Total:$ 2,998
SGT PUPPA 3rd Class + More Jurisdictions (online/B&M store services) - US application: $250
i. MP Designating AU, EU, UK: $2,080
ii. Legal fees: $1,850
iii. Total: $4.180
BLONDE VELVET 1st Class (apparel, except underwear/lingerie) – US application: $250
i. MP Designating UK: $898
ii. Legal fees: $1,850
iii. Total: 2,998
BLONDE VELVET 2nd Class (online/B&M stores as well as biz consulting for companies entering US) – US application: $250
i. MP Designating UK: $898
ii. Legal fees: $1,850
iii. Total: 2,998
Your attorney will direct you to fill out this additional form if you wish to file an additional logo ("design") mark. Cost does not include USPTO filing fees ($250).
Includes social media takedowns and response to third-party letter
Includes trademark consultation, attorney research, legal opinion and drafting of your trademarks.
Search reports, legal opinion, application prep for two trademarks. Payment in three installments.
1 trademark workup paid in 10 monthly payments of $185
Includes trademark consultation, attorney research, legal opinion and drafting of your 4 trademarks.
STRICKLAND BROTHERS (word mark) – oil/light mechanical services
$1,850 legal + $250 gov
STRICKLAND BROTHERS 10 MINUTE OIL CHANGE (word mark) – loyalty, coupons and membership/discount programs
$925 legal + $250 gov
WE CARE ABOUT MORE THAN YOUR CAR - oil/light mechanical services
$1,850 legal + $250 gov
GOOD-TO-GO or final iteration (word mark) - oil/light mechanical services
$1,850 legal + $250 gov
Includes trademark consultation, attorney research, legal opinion and drafting of your trademark.
Includes trademark consultation, attorney research, legal opinion and drafting of your trademark.
STRICKLAND BROTHERS (word mark) – oil/light mechanical services
$1,850 legal + $250 gov
STRICKLAND BROTHERS 10 MINUTE OIL CHANGE (word mark) – loyalty, coupons and membership/discount programs
$925 legal + $250 gov
WE CARE ABOUT MORE THAN YOUR CAR - oil/light mechanical services
$1,850 legal + $250 gov
GOOD-TO-GO CHECK or final iteration (word mark) - oil/light mechanical services
$1,850 legal + $250 gov
ACCELERATED BRANDS (Word Mark) - $1,850 legal + $250 gov
TRADEMARK CAR WASH (Word Mark) - $1,850 legal + $250 gov
TRADEMARK (Design Mark) - $1,850 legal + $250 Gov
Includes trademark consultation, attorney research, legal opinion, office action response, and drafting of your trademark. 15% rate for volume discount.
Word Marks:
Class 04: Fuel
Class 09: Mobile ordering application
Class 16: Paper products (cups, bowls, etc)
Class 21: Mugs, glasses, gift shop merch
Class 25: Apparel
Class 32: Beer
Class 35: Retail convenience/fuel store services
Class 43: Restaurant and café services
Design (logo) Marks:
Class 04: Fuel
Class 09: Mobile ordering application
Class 16: Paper products (cups, bowls, etc)
Class 21: Mugs, glasses, gift shop merch
Class 25: Apparel
Class 32: Beer
Class 35: Retail convenience/fuel store services
Class 43: Restaurant and café services
Includes trademark consultation, attorney research, legal opinion and drafting of your trademark.
Word mark - MIRACLE MOVERS
+
Design mark - MIRALCE MM MOVERS YOUR PROPERTY IS OUR PRIORITY
Legal fees include trademark consultation, attorney research, legal opinion and drafting of your trademark in two classes.
includes completion of a foreign trademark application via Madrid Protocol electronic filings (using USPTO TEAS systems and/or necessary methods) and coordinate with client for any additional substantiation needed for filing within the foreign country.
Your attorney will file one federal trademark, send third party cease and desist, file social media takedown notices, and negotiate and draft/review any settlement agreement up to five hours.
Legal fees include preparation of foreign filings under Madrid Protocol in UK, EU, AUSTRALIA, JAPAN and INDIA. Foreign filing government fees will be around $1,870 and paid by client.
Includes two trademarks (PHINITY RANCH; COOS FOR CANCER BY PHINITY RANCH). Services include trademark consultation, attorney research, legal opinion and drafting of your trademarks.
Includes drafting, filing, docketing, and non-substantive response of your two trademarks. Client to pay $500 government fees directly to the USPTO.
Consultation, knockout search, and filing of two trademark applications. Legal fees include app preparation, docketing of examination, and response to office action issues.
Consultation, knockout search, and filing of two trademark applications. Legal fees include app preparation, docketing of examination, and response to office action issues.
Consultation, knockout search, and filing of two trademark applications. Legal fees include app preparation, docketing of examination, and response to office action issues.
Filing section 8, 9, and/or 15 renewal documentation. Discounted rate since we’re filing the two renewals in multiple classes.
Legal fees include trademark consultation, attorney research, legal opinion and drafting of your trademark in two classes.
Includes trademark consultation, attorney research, legal opinion and drafting of your 4 trademarks.
SWIRL – product: $1,750
SWIRL – café: $875
CUPCAKE – café: $1,750
BAKE OR DIE – product: $1,750
Your attorney will f, respond to the third party cease and desist, and negotiate and draft/review any settlement agreements up to ten hours.
Includes trademark consultation, attorney research, legal opinion and drafting of your trademark. Anthony, I’ve included your 30% discount for the client. Marks included below:
PROSPER (word mark in multiple classes)
Conferences and events. News and information, publishing articles and newsletters, public speakers
i. Legal fee $1,295 + gov fee $250
Downloadable magazines
i. Legal fee $647.50 + gov fee $250
Business information and promoting the goods/services of others
i. Legal fee $647.50 + gov fee $250
Magazines and journals
i. Legal fee $647.50 + gov fee $250
Platform as service for users to access database for consumer and category insights
i. Legal fee $647.50 + gov fee $250
1. NFTs, mobile application for conferences, and virtual/augmented reality program
i. Legal fee $647.50 + gov fee $250
BETTER BUSINESS, BETTER LIVES, BETTER WORLD (word mark in multiple classes)
Conferences and events. News and information, publishing articles and newsletters, public speakers
i. Legal fee $1,295 + gov fee $250
Downloadable magazines
i. Legal fee $647.50 + gov fee $250
Business information and promoting the goods/services of others
i. Legal fee $647.50 + gov fee $250
Magazines and journals
i. Legal fee $647.50 + gov fee $250
Platform as service for users to access database for consumer and category insights
i. Legal fee $647.50 + gov fee $250
A BETTER TABLE (word mark in multiple classes)
Conferences and events. News and information, publishing articles and newsletters, public speakers
i. Legal fee $1,295 + gov fee $250
Mighty Marks will run a quarterly search of federal and common law uses of similar marks and report on any threats.
Mighty Marks will procure and ship a copy of your registration