A boutique intellectual property law firm.
IP Pass
A new way to approach securing your trademark protection.
Introducing IP Pass.
We took all of the questions, comments, feedback, and suggestions from the start-ups and entrepreneurs we've worked with over the years to solve one of the biggest issues in acquiring trademark protection - how do you protect your brands while still budgeting for the other tasks needed to grow a business?
Since we focus on intellectual property, we've seen about every way a trademark application can go. We took this knowledge, built some models around it, and came up with a pricing structure that works. What we came up with was IP Pass, a new approach to securing protection for your trademark.
Still have questions? We have answers. Kindly find answers the most common questions below.
What is IP Pass?
IP Pass is a subscription service to give predictability to trademark application filing and examination.
Instead of being required to pay an unknown hourly fee or variable pay-as-you-go prices, IP Pass members enjoy consistent monthly payments that cover most work common to trademark applications and examinations.
What is included for IP Pass members?
IP Pass includes most work required for trademarks -- from application drafting through conclusion of the examination process.
During the application phase, IP Pass includes application drafting, preparation of evidence demonstrating use in commerce, identifying goods and services covered by the trademark, and filing applications with the U.S. Patent and Trademark Office.
During the examination phase, IP Pass includes receipt of correspondence from the USPTO, docketing of important deadlines and events, interviews and formal communications with the USPTO Examining Attorney assigned to your trademark application, responses to office actions, requests for reconsideration of final office actions, activity relating to publication and, if examination is successful, registration of your trademark.
What do you mean by “most work” -- what is not included in IP Pass?
IP Pass does not include activity heard before the Trademark Trial and Appeal Board (TTAB). Examples of TTAB actions excluded by IP Pass are oppositions, cancellation proceedings, and appeals.
IP Pass does not include activity relating to trademark enforcement. Examples of enforcement activities include preparation or response to cease and desist letters, demands, infringement analysis, litigation, or other enforcement activities.
IP Pass is not offered for international trademark application matters, as international applications and examinations vary greatly by country and are not compatible with a subscription billing model.
What is subscription billing?
Members of IP Pass agree to a recurring monthly payment that is automatically drawn from their payment account.
Instead of being invoiced for work completed at the attorney’s hourly rate, or a-la-carte invoices for activity in an application as it occurs, IP Pass members pay a predictable and set amount each month.
IP Pass simplifies budgeting and reduces financial risk inherent in the variable nature of examination before the USPTO. IP Pass also provides a seamless workflow in your trademark application and throughout the examination process.
How much does IP Pass cost?
IP Pass membership starts at $285/month for applications with one class of goods and services covered.
Additional classes of goods and services can be added for $40/class/month. Filing fees and governmental costs are not included with IP Pass.
Payments are automatically drawn from a member’s designated payment account, such as by credit card.
How does IP Pass help me?
Each trademark application and examination is unique, which introduces variability in the total fees and costs required to see your trademark application through examination and ideally secure federal registration of your trademark.
IP Pass provides consistency and predictability to events unknown when first filing a trademark application with USPTO.
How does IP Pass help me budget?
IP Pass is a set monthly cost.
Being able to predict your legal cost each month allows you to allocate funds elsewhere to grow your business.
As an IP Pass member, consistent monthly payments allow you to select the response strategies with the best chance of moving your application forward without having to worry about the price differential between multiple strategies.
You can ask your attorney questions and not worry about whether the answer is worth the price.
What if I don’t want to use IP Pass?
IP Pass membership is not required. If you choose not to use IP Pass, your trademark application will be priced using our a-la-carte payment option.
For more information about our pay-as-you-go payment option, please visit our pay-as-you-go FAQ.
How is the pay-as-you-go option different from IP Pass?
The pay-as-you-go option requires full payment for a trademark application at the start of the drafting phase.
Correspondence, docketing, and reporting of activity relating to the trademark examination phase will be invoiced as it occurs, with invoices being sent monthly. Typically, about 5-6 of these events are expected in a trademark examination.
Large events are quoted based on the work needed to comply with USPTO requirements, such as when a response to an office action is required.
Applications using the a-la-carte option pay the actual costs of examination as it occurs, which can be considerably higher than the total subscription amount throughout the course of IP Pass membership for difficult examinations.
For more information about our pay-as-you-go payment option, please visit our pay-as-you-go FAQ.
How long does the IP Pass subscription last?
IP Pass is designed to begin at the start of trademark application drafting and last through the entire trademark examination process.
Your IP Pass membership will be effective until your trademark examination concludes.
If I don’t like IP Pass, how do I cancel my membership?
We will not pressure you to keep your IP Pass membership if you decide it is not right for you.
To cancel your IP Pass membership and discontinue automatic payment card charges, please reach out to our administration team at: help@nymanip.com
IP Pass membership will end upon receipt of a request to cancel by an IP Pass member.
A cancelled IP Pass membership ends on the day the request to cancel is received.
Except for special circumstances, processing of a cancellation request can take up to five (5) business days after the request is received. However, cancellation will be effective immediately upon receiving notice from the IP Pass member to cancel their membership.
If I cancel before the end of a month, do I get a refund for the remaining days?
A prorated credit will be applied to your account for the remaining days in the billing cycle after the date that cancellation request was received. The prorated credit will be 100% applied to your account.
For cancellations occurring at the end of a billing cycle-- if payment processes for a new month, the payment will be 100% credited to your account for future work in your trademark application or other matters.
What happens to my account if I cancel my IP Pass membership before the examination concludes?
IP Pass is designed to last through the entire trademark application and examination process.
If you cancel your IP Pass membership before your trademark examination concludes, all funds paid for your IP Pass membership prior to cancellation will be converted to a 50% credit applied to your account.
Your account will be retroactively transitioned to pay-as-you-go billing effective on the date that the first IP Pass subscription payment was received.
An invoice will be created to retroactively account all work performed in your trademark application and examination using the then-current pay-as-you-go pricing. The retroactive accounting will include application drafting, filing, and any examination activity handled while your IP Pass membership was active.
The 50% credit of subscription funds paid prior to cancellation of your IP Pass membership will be applied to the retroactive invoice.
Any remaining balance on the retroactive invoice will become due upon receipt.
Future activity in your trademark examination will be billed using the pay-as-you-go option.
Can I resubscribe to IP Pass after I cancel?
No. Since IP Pass is designed to last through the entire trademark application process, it is only possible to enroll in IP Pass before the initial drafting of the trademark application begins.
Who can I contact if I have a problem with payment or need to change my billing information?
Please contact our administration team at help@nymanip.com to change your billing information or with any other questions throughout your IP Pass membership.
What happens if I miss a payment or my payment is returned?
We will let you know if a payment fails and give you an opportunity to correct the issue that caused the failure.
If the issue can be resolved and your accounts can be brought current, your IP Pass membership will continue uninterrupted.
If the issue cannot be corrected and payment cannot be made, your IP Pass membership must be cancelled by policy and transitioned to the a-la-carte option.