I am a trademark opposition lawyer that charges a flat-fee for my services.  Charging one, flat fee for a trademark opposition case is advantageous to my clients for the following reasons:

  • the total cost to the client is fixed and predictable
  • the fee agreement between the client and me is transparent and unambiguous
  • there are no surprises when the bill arrives

Conversely, billing the client hourly for trademark attorney services creates a host of problems for the client.  Such challenges include the following issues that may arise during the course of representing a company in a trademark opposition case:

  • open-ended hourly billing
  • potential to create more billable hours within the case
  • lack of incentives for early case settlement
  • potential for fee disputes

In my opinion, it is always in the trademark owner’s best interest to negotiate a flat-fee agreement for representing them in trademark opposition cases before the Trademark Trial and Appeal Board.

 

 

 

 

Tags: "flat fee trademark lawyers", "trademark opposition lawyer", "trademark opposition"
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James Hastings is an attorney with the U.S. Trademark Trial and Appeal Board Practice Group of Practus, LLP.  He is a certified mediator of the INTA Panel of Mediators, an international roster of select professionals with expertise in trademark dispute resolution.

James is…

James Hastings is an attorney with the U.S. Trademark Trial and Appeal Board Practice Group of Practus, LLP.  He is a certified mediator of the INTA Panel of Mediators, an international roster of select professionals with expertise in trademark dispute resolution.

James is the publisher of Trademark Opposition Lawyer, an online advisory dedicated to helping brand owners understand important issues that arise in proceedings before the U.S. Trademark Trial and Appeal Board.  His commentary has been featured on Corporate Counsel, Law.com, LegalZoom,and other digital publications.

He devotes his practice to trademark opposition and trademark cancellation proceedings before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office.  Over the course of his career, he has represented the interests of numerous national and international brand owners in trademark litigation matters in both the U.S. District Courts and before the U.S. Patent and Trademark Office.

Prior to his current affiliation with Practus, LLP, James was in-house counsel to a New England-based catalog retailer, where he was responsible for developing trademark portfolio acquisition, protection, and licensing strategies.  Earlier in his career, he was a partner and associate at intellectual property law firms in New York, where he was engaged in trademark portfolio and intellectual property protection work on behalf of well-known fashion and personal care brands.

James is a member of the New York and Connecticut bars.  He has lectured at University MBA programs and legal education conferences on the issues of trademark protection and e-commerce law.

Past and Present Membership

  • International Trademark Association
  • Association Corporate Counsel

  • National E-tailing and Mail Order Organization of America

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