USPTO Raises Trademark Filing Fees

Effective January 2, 2021, the USPTO will be raising a number of trademark application, maintenance and renewal, and opposition and cancellation filing fees.

Application filing fees will increase $75 per class.

Section 8 or 71 Declarations of Use filing fees will increase $100 per class.

A new fee of $250 per class will be charged to any registrant that has to delete goods or services from a registration after filing a Section 8 or 71 Declaration of Use.

Many TTAB filing fees are also increasing.

Our new flat fee rates reflect these increases and are detailed below effective January 2, 2021:

New Trademark Application

The cost to prepare and file a new trademark application is a flat fee of $1000 which covers one class of goods.  For each additional class there is an additional fee of $500.  I require the full amount to be paid via retainer prior to filing.  This fee covers the government filing fee of $350 per class and my time for conducting a trademark search, preparing and filing the trademark application, receiving and reporting common correspondence from the USPTO (including notices of publication, notices of allowance, and certificates of registration).  In most applications the USPTO issues office actions requesting additional information or needing formalities addressed.  These actions must be responded to and my time for preparing and filing these responses is included in this fee as well.

In some applications the USPTO issues office actions rejecting the application based on certain legal criteria and those actions must be responded to within six months.  All time spent responding to these actions are billed at my hourly rate of $280.  In the event this type of response is required, I will report that to you with an estimate of my fees to respond, and confirm you wish for me to perform the work before proceeding.

If a statement of use (or extension request) is required subsequent to the initial filing, there is an additional fee of $300 per class.

Declaration of Continued Use and Incontestability (Section 8/15)

Due 5 years after registration

            Professional Fees…………………………………………………………………………….. $350

            Section 8 (or 71) Filing Fee (per class)……………………………………………. $225

            Section 15 Filing Fee (per class)……………………………………………………… $200

            Deletion of Goods/Services After Declaration Filed (per class)……. $250

Declaration of Continued Use and Application for Renewal (Section 8/9)

Due 10 years after registration and each 10 years thereafter

            Professional Fees…………………………………………………………………………….. $350

            Section 8 (or 71) Filing Fee (per class)……………………………………………. $225

           Section 9 Filing Fee (per class)………………………………………………………… $300

            Deletion of Goods/Services After Declaration Filed (per class)……. $250

If you would like to discuss filing a new trademark application please contact Amy Rollins at arollins@bscattorneys.com.

Amy Rollins elected to Indianapolis Bar Association Intellectual Property Executive Committee

Brannon Sowers & Cracraft PC is proud to announce that Amy Rollins has been elected to the Indianapolis Bar Association Intellectual Property Section Executive Committee.  The Intellectual Property  Section plans and presents education programming and provides resources and information for its section members.  

Amy advises clients on trademark registration and enforcement as well as trademark infringement, unfair competition, drafting and negotiating trademark licenses, and other related contracts and agreements.  Amy also prosecutes and defends matters before the Trademark Trial and Appeal Board. 

The Indianapolis Bar Association, founded in 1878, plays a significant role in providing for the needs of Indianapolis legal professionals.  It empowers its members to never stop learning, to make a different in the community, to leave by example, to provide a voice for the professional, and to build a network of professional and personal contacts.

Brannon Sowers & Cracraft PC and SmithAmundsen LLC Announce New Strategic Alliance

Continuing their mission to offer clients exceptional and broad legal services, Brannon Sowers & Cracraft and SmithAmundsen are pleased to announce a strategic alliance.  Founded in Indianapolis in 2008, Brannon Sowers & Cracraft is a boutique intellectual property, business, and litigation law firm representing clients throughout the U.S.  SmithAmundsen is a full-service business law firm with offices throughout the Midwest and national practices. This alliance will be an essential driver in leveraging the development of new business opportunities and an expansion of the reach of both law firms. 

“This move presents the best of both worlds; each firm utilizing the resources of the other while retaining its own identity,” said Stephen Stitle, SmithAmundsen’s chief operating officer. “It’s a key step in our efforts to provide clients of both firms with broader legal services.”

A strategic alliance creates a network that provides expanded capabilities through the individual firms and draws on the resources of the allied firms. The Brannon firm clients will have access to the broad range of business service capabilities of SmithAmundsen and SmithAmundsen’s clients will benefit from Brannon’s team of highly credentialed patent attorneys and agents who complement SmithAmundsen’s intellectual property team’s experience and broaden their technical capability.

“To better service our clients, we are continuously monitoring industries, improving our specially concentrated knowledge, and looking for ways we can continue to offer the highest quality services,” said Larry Schechtman, SmithAmundsen’s managing partner.

“Having the quality services and reputation of the SmithAmundsen firm of attorneys will enable our law firms to provide the array of legal services demanded of sophisticated clients,” added John Brannon, chief executive officer of Brannon Sowers & Cracraft.

About Brannon Sowers & Cracraft PC:

Brannon Sowers & Cracraft PC is a full-service intellectual property law firm with offices in Indianapolis and Bloomington, IN. They provide a wide range of sophisticated IP legal services by highly credentialed lawyers with diverse backgrounds.  For more information, visit bscattorneys.com.

LinkedIn: https://www.linkedin.com/company/brannon-sowers-&-cracraft-pc/

Twitter: https://twitter.com/BSCAttorneys

Facebook: https://www.facebook.com/BSCAttorneys/

About SmithAmundsen LLC: 

SmithAmundsen LLC is a law firm comprised of more than 180 attorneys practicing from offices in Chicago, St. Charles, Rockford, and Crystal Lake, IL; Indianapolis, IN; St. Louis, MO; and Milwaukee, WI. The firm handles the transactional, labor and employment, and litigation needs of companies across the U.S. For more information, visit www.salawus.com.

LinkedIn: https://www.linkedin.com/company/smithamundsen-llc

Twitter: https://twitter.com/SmithAmundsen

Facebook:  https://www.facebook.com/smithamundsen

BSC Opens New Bloomington Office and Welcomes Patent Attorney Jonathan Yates

We are proud to announce that patent attorney Jonathan Yates has joined the firm and will be working out of the firm’s new Bloomington, Indiana office. For more information check our our website at http://www.bscattorneys.com.

Jonathan advises clients on all aspects of intellectual property, with particular focus on patent and trademark prosecution, strategic portfolio analysis and development, due diligence and risk mitigation.  Jonathan has personally authored hundreds of patent applications, and prosecuted both patent and trademark matters throughout the world.  The technical subject matter of his patent work over the years runs the gamut from software, business methods and control systems to complex machinery, medical devices, injection molding, and fuel cell electrochemistry.  Engagements have also included conducting invention capture sessions, rendering of opinions on patentability, freedom to operate, and priority, as well as considerable behind the scenes research in anticipation of litigation and threatened litigation.

Jonthan is active in his Bloomington, Indiana community, and serves on the Board of Directors of the Boys & Girls Club of Bloomington.  He has also served as a speaker and mentor at his alma mater the Maurer School of Law, and delivered numerous intellectual property seminars at the invitation of the Indiana Small Business Development Center.

Jonathan received his J.D. from the Indiana University – Maurer School of Law where he achieved Dean’s honors, argued in the Sherman Minton Moot Court, and served a semester as Student Director of the Inmate Legal Assistance Program.

Client Spotlight: Bifrost Engineering

We now shine the client spotlight on Jon Helgeland and his company, Bifrost Engineering.  Bifrost has recently resurrected its position as a niche leader in the piezo industry.  Jon and John Brannon have been friends and colleagues for nearly three decades.  Now, as part of the same trivia team, Jon sat down with us to learn a little bit about BiFrost and their future.

A note: In Norse mythologyBifrost is a burning rainbow bridge that reaches between Earth and Asgard, the realm of the gods.  The name Bifrost is a nod to Helgeland’s Norse heritage.

BSC: Can you tell us a little bit about how you met John Brannon?

JH: Well, it was at GE Superabrasives, and it would have been 1989.  We both started there that year.  I was making polycrystalline diamond in my case—solid diamond, like ceramics, so you get bigger pieces—and mesh diamond in John’s case.

BSC: Are you a ceramics engineer by trade?

JH: I have a masters in ceramics engineering.  A couple notches down from John. (laughs)

BSC: Tell us a little bit about how Bifrost got started.

JH: I’ve been in the piezo business basically my whole life—except for that stint in the superabrasives–and I worked for a company called Piezo Technologies here in town.

BSC: For those of us non-ceramics engineers, what’s a piezo?

JH: They are crystals; when you put pressure on them they generate an electric field.  They are really good for sensors and all sorts of household good.  Gas igniters for stoves and things, for instance… a little hammer smacks a piezo and creates a spark.  They are made super super cheap, usually in Korea.

(back to Bifrost) 

JH: I was working at Piezo Technologies and they make piezo materials to sell to other companies that make various products, and they make transducers for lots of medical and industrial applications.  They laid me off in December 2010.

BSC: Yeah that was a rough year all-around.  A lot of people shared that fate.

JH: I was a sales manager at the company for a long while, and I spent a large amount of my time turning away business that was too small—management didn’t want to deal with it.  I started a spin-off company using these smaller pieces of business (Bifrost).  After several years of consulting and other work projects, this last year I re-started Bifrost.  It really feels like a fresh start.

BSC: What are the biggest opportunities for growth in Bifrost’s future?

JH: The biggest opportunity right now is the medical imaging device field.  Making new probes and a new family of probes is a huge opportunity, and would allow us to compete with the big players in the field: Siemens, GE, Toshiba.  But most of what we’ll be doing day to day is industrial.

BSC: What is your biggest competitive advantage?

(John Brannon points to Jon Helgeland’s brain.  They both laugh.)

JH: Well, that’s kind of true.  The biggest advantage is that I know everyone in the industry, and I’m really well-versed in how the industry works.  It’s really not very competitive.  Everything is niches.  You tend to get designed in.  All your average applications start out with all these nickel-dime guys who call you up, and yeah a lot of them are crazy dentists who think they may have just invented the coolest thing in the world.  Some of the ideas really are huge, but they take awhile to get going.

BSC: How will intellectual property factor into your business in the future?

JH: Going forward there are several things we’re going to try to patent or lock up in some form.  We’ll do our best not to run afoul of anyone else…

John Brannon: Well that’s why you hired a good IP partner.

JH: Exactly.

You can check out everything Bifrost Engineering is up to here: http://bifrostengineering.com/

Indiana Legislature and the Chamber of Secrets

By Will Doss

As I sit in my family room on the final weekend of this holiday season, surrounded by loved ones, colorful Star Wars socks, and the warm glow of personal electronic devices, I can’t help but look back to 2017 and reflect upon some of the year’s more significant Indiana Legislative events.  Even though our media, both mass and social, somehow managed to sink even further into the “All Trump, All the Time” quagmire, there actually were other things going on in the legal world right here in Indiana.

One demonstrative example of how the legislative sausage is made is the current effort to modernize Indiana’s antiquated alcohol laws.  This topic overall is far too involved to adequately cover here in one short blog.  Instead, the immediate focus is more on how our legislature works.  I anticipate additional discussion of interesting alcohol-related specifics down the road, perhaps in a trilogy format.

The complexity involved with comprehensive statutory revision runs far deeper than traditional political party lines.  As with any substantial body of law, a significant amount of time and money was involved in creating the current system under which alcohol-related businesses must operate.  A broad range of businesses and individuals are directly affected by these statutes, rules, and regulations with which they must comply.  Not surprisingly, these affected parties will typically utilize any means available to influence policy and legislation.  This is not to say that any particular person or group has done anything illegal or unethical.  However, the average citizen may not be fully aware of everything that goes on behind the scenes, and it’s not quite as simple as portrayed in Schoolhouse Rock!

During the previous legislative session, the Indiana Legislature once again failed to figure out how to allow people to purchase carry-out alcohol on Sundays.  Apparently, the previous session’s efforts to change the law would have led to the complete downfall of civilized society, and thus they obviously had to be sacked.  It certainly had nothing to do with money or lobbying, but instead was founded on “Traditional Hoosier Values.”  Regardless, efforts continue to not only eventually allow Sunday carry-out alcohol sales, but also cold beer sales at grocery and convenience stores, despite the carnage caused by such cold beer sales in states where it is already allowed.

Having attended a few hours of legislative hearings on various proposed changes to Indiana’s alcohol laws, it is heartening to know that the issue is being taken seriously.  Legislators heard testimony from numerous sources, and they even formed an Alcohol Commission to study Indiana’s alcohol laws.  Unfortunately, despite a demonstrated interest in modernizing Indiana law to better serve a greater proportion of constituents and the businesses they own and for which they work, it will likely remain a slow road to progress.

Indiana’s “blue laws” prohibiting Sunday sales may have a religious origin, but the continuation of this prohibition is due to business models which developed as a result.  Package liquor stores have operated without having to be open on Sundays, and without Sunday competition from big-box or grocery stores.  Changing the rules under which these businesses have formed and operated in the middle of the game could have a significant negative financial impact on package liquor stores and their owners, resulting in their significant and expensive lobbying efforts to maintain the current system.

Proponents of change point out that there is no legal justification to prohibit something on one day of the week that is perfectly legal the remaining six days of the week.  There is certainly a liberty-based interest in being able to transact otherwise-legal business with minimal government interference and reasonably limited, sensible legislation.  Many may not realize that there are similar arguments in favor of package liquor stores, which are currently prohibited from selling most grocery items, like milk, cold water, cold soda, and certain paper goods.

There are certainly more hard-hitting and far-reaching legislative concerns affecting Indiana citizens, but our convoluted alcohol laws have significant effects, financial and otherwise, on businesses and individuals.  These laws serve as a prominent example of why legislative modernization and revision is needed on numerous fronts to keep pace with an ever-changing business and social climate.  The struggle is in keeping a fair balance between those seeking sensible change and those who have invested their livelihoods in an industry accustomed to operating under a certain set of rules.  This balancing act is perfectly evidenced by the current proposed Senate bill, which would allow Sunday sales, but only from noon to 8 PM.

The views and opinions expressed in this blog are those of Will Doss and do not necessarily reflect the policies, ideologies, positions, or points of view of BSC or its employees.  The information in this blog is accurate and authentic to the best of Will’s knowledge, but everyone makes mistakes.  This most definitely is NOT legal advice, and your reliance on anything in or related to this blog is at your own peril.  Will Doss and BSC are not liable for anything you choose to do after, before, or while reading this blog, and improper use may result in serious injury or death.  Be kind, rewind.  No trees were harmed in the creation of this blog, but several million electrons were slightly inconvenienced.

Client Spotlight: 250ok

Greg Kraios (left) and John Brannon (right)

Recently, 250ok Founder & CEO Greg Kraios sat down with us to discuss a variety of topics, including what’s next for the burgeoning tech company. Greg took his deliverability expertise from ExactTarget and Den of Deliverability, starting 250ok in 2011. The business has seen significant success since then.

As one of our fastest growing clients, 250ok made news with their recent  Series A funding , led by Arthur Ventures’ 2.6M investment.  We couldn’t be happier about the trajectory of their company.

How did you first end up working with our firm?

GK: Several people that I trust explicitly recommended Brannon Sowers & Cracraft PC, and John Brannon’s name specifically, along with another guy at the firm, Kevin Erdman. As I pressed my network further, I received enough recommendations that I finally said “I’ve heard enough,” and we set up a meeting.

What has worked about the partnership?

In working with John, he rolled up his sleeves early on and took the time to learn the nuances our business. The result was an IP strategy that fully aligned with our business focus and one that we continue to execute today. There are many occasions when he’s said ‘no, we don’t need to do that’ or ‘that’s really not necessary.’ His honesty has saved 250ok tens of thousands of dollars, if not more.

The first project we worked on involved Kevin helping us file a patent on a unique feature of 250ok, and Danton (Bryans) played an important role in that process. Throughout that project, I spent a lot of time with John and felt a genuine connection with him. At that this point, I don’t consider myself a client of his; I consider us partners. That’s what makes it work for me, and that’s what made me an evangelist for Brannon Sowers & Cracraft PC. I often tell him ‘you know, John, if you keep treating me this way, you’re going to make me think that all attorneys aren’t bad people.’ (laughter)

What’s on the horizon for 250ok?

GK: The first phase of our business was building a competitor to the longtime market leader in our space, Return Path. We’ve achieved that goal. The second phase is to build tools no one has seen before, tools that will change the way businesses manage email. I expect that 250ok’s product roadmap over the next 18 months will inspire an industry that hasn’t seen much innovation over the past decade.

Thanks to Greg Kraios for taking the time to chat with us. Brannon Sowers & Cracraft is proud to be your IP legal partner. We can’t wait to follow the progress of 250ok. 

We’ve made the historic Morrison Opera Place our new home!

This has been a busy month for us as we have relocated to our new offices on the top floor of the 146-year-old Morrison Opera Place, a historic downtown building located at 47 South Meridian Street.  With its exposed bricks and beams it provides a casual and comfortable elegance, making the space inviting to clients and a generous work space for our attorneys and legal staff.

If you’re in the neighborhood, stop by and see us!

Client Spotlight Teaser: 250ok

Recently, we sat down with 250ok Founder and CEO, Greg Kraois. We wanted the latest on their company’s massive growth and recent successes in an exploding sector. They just raised 2.6M in venture capital from a single North Dakota based investor, Arthur Ventures.

Stay tuned for our colorful conversation with one of our most entertaining and insightful clients, Greg Kraois. In the meantime, read the full IBJ article here.

Client Spotlight: Trade Secret Chocolates

As a small law firm, we pride ourselves on partnering with our clients to help them reach their goals in every way we can. Periodically, this blog will spotlight a client who is doing amazing things that the world should know about. Today’s feature is Trade Secret Chocolates.

Matt Rubin was among John Brannon’s first clients when the firm first opened its doors in 2008. Trade Secret Chocolates was created when Rubin started experimenting with various chocolate formulations after his wife Sarah developed food allergies, putting most chocolates into a forbidden category. Subscribing to the “happy wife, happy life” philosophy, Rubin took action. The result? Trade Secret Chocolates, a hand-crafted gourmet product that is gluten-free, dairy-free and soy-free and uses only the highest quality ingredients. With Rubin’s background in chemistry (among other things), the innovations started early and have continued.

Founder of Trade Secret Chocolates, Matt Rubin

Today, TSC is on the cusp of launching a revolutionary new product, SoChatti. SoChatti is a countertop liquid chocolate dispenser that maintains the integrity of the chocolate for long periods of time and across dozens of applications. Think of it as one of those popular counter-top beverage machines for the highest quality chocolate you can imagine. Simply put, it is chocolate on tap. 

Trade Secret Chocolates founder Matt Rubin recently updated us on how his company has evolved. He also highlighted how Brannon Sowers & Cracraft has played a key role in the process. When I asked Rubin about his experience working with Brannon Sowers & Cracraft, this is what he offered.

“It’s been a great experience. I worked for many years in and around the intellectual property industry before starting this chocolate company. Out of all the attorneys and law firms I had worked with, John Brannon was the easy choice to send our business to. There are a couple things I like about working with Brannon Sowers & Cracraft. One, they approach the job with the objective of obtaining the best asset they can without playing the game of patent prosecution. That’s a process many law firms will use to prosecute patents, which is great for filling billable hours, but doesn’t necessarily give the client the best product. You can spend a lot of money in patent prosecution; it stretches out the process and you’re left feeling like you didn’t get as much value at the conclusion. With them [BSC], I really like that they write great patents and do very well with prosecution, and the result is great issued patents.

“When we started this process, Brannon Sowers & Cracraft was great about laying out all the different things we were doing , as well as spending the time to understand our process. John explained that patents today are not so much a wall as they are a net. You need to have a wholistic approach to building a portfolio of patents that serve as an active deterrent from infringement. You can’t just rely on one patent with a single process or technology.

“Trade Secret Chocolate now has over 5 patent families with 10 subfamilies. It’s a multiyear strategy that we are executing. John [Brannon] helped us map it all out from the start. Brannon Sowers & Cracraft is also very good at identifying things that I, as a business owner and inventor, may think are very valuable, but really are not from a patentable perspective. This helps us avoid wasting time and money on things that aren’t protectable. They won’t write a patent just for the sake of writing a patent, even if their clients initially want that. They require a clear strategy going forward. 

One of many uses for SoChatti (chocolate on tap).

“In addition to our patent portfolio, Brannon Sowers Cracraft manages our trademark portfolio. I love it because we have a full service, one-stop shop for our copyrights, patents, and trademarks. It makes our job much easier, letting us focus on the chocolate.”

“When I asked John Brannon about his experience with Trade Secret Chocolates, he said, “Matt has applied rigorous engineering and design principles to the field in order to revolutionize chocolate and a create a superior chocolate experience.”  First of all, who doesn’t want a superior chocolate experience? Secondly, if only every client-attorney relationship had this much mutual admiration, right?

NOTE: You can sample Trade Secret Chocolates and their chocolate on tap at various Indianapolis are locations, including these.
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