how expensive is a trademark attorney

The cost to hire a trademark attorney ranges somewhere in between $500 and $2,000. However, these numbers can fluctuate depending on different factors, such as location, the type of services that the attorney is providing, and the way in which a law firm or trademark lawyer bills their clients.

Full Answer

How much does an OAPI trademark cost?

How Much is the US Government Trademark Filing Fee? $225 or $275 per class So, total with trademark attorney is $700 for one trademark under one class.

How much a trademark litigation will cost?

Hiring a trademark attorney to register a trademark with the US Patent & Trademark Office (“USPTO”) is not excessively expensive. For trademark applications, our flat fees are: $300 for a trademark search reported in a two page memo; and $850 for filing a trademark application including basic follow up through registration

What is the cheapest trademark?

How High Can Trademark Lawyer Fees Be? The legal fee standards differ, but most professionals do not charge below $150 to $350 per hour. The total …

How much does a commercial litigation lawyer make?

Feb 14, 2017 · What you’re really paying a trademark lawyer for is the professional, legal interpretation of the results, the likelihood of confusion, and the defensibility your trademark. Knowing What You Need Most attorneys bill by the hour. As with many professions, there is no predictable standard. Rates typically range from $150-to-$350 an hour.

How much does it cost to get a trademark?

The government filing fee for a trademark application is generally $250 per class. So a trademark attorney cost is typically made up of three elements: the search, the application and the government fee.

Why do we need to do a trademark search?

Trademark searches are necessary to ensure that your proposed trademark is not already in use or registered and that your proposed trademark is not too similar to a trademark already in use. The USPTO must follow all legal requirements for trademark registration.

How long does it take to get a USPTO registration number?

The whole process takes about nine months, assuming there are no complications. There is a backlog, so the examining attorney often does not begin review until three or four months after the application is filed. The process is complete when a registration number is issued by the USPTO.

What are Some Factors Used When Determining Trademark Lawyer Fees?

In general, trademark lawyer fees depend on a number of the same factors that one would use to calculate attorney fees for a lawyer across many different fields of law. Some of these factors may potentially include the following:

What Services Do Trademark Lawyers Typically Provide?

Trademark lawyers typically provide specific legal services since this particular area of law is so specialized. Some common examples of the types of services that trademark lawyers usually provide include:

Are There Any Advantages to Hiring a Trademark Attorney?

Similar to patents, the process to register a trademark can be very difficult without the help of a trademark attorney. Unlike the average cost of patent lawyer, however, the good news is that the average cost of trademark attorney is typically less than the rate for a patent lawyer.

Should I Hire a Trademark Attorney?

If you need help with registering a trademark for your business or if you want to file a lawsuit against another party for infringing on an existing trademark, you should speak to a local trademark lawyer immediately for further legal advice.

How much does a trademark lawyer cost?

A trademark lawyer costs around $1,000 to $2,000 for the general trademark process, but disputes could cost the client an additional $300 $400 an hour. Some of the trademark lawyer costs you may see include: Filing fees for the trademark application. Government costs charged by the USPTO. Flat-fee trademark lawyer costs.

How much does it cost to register a trademark?

Overall, a trademark registration can cost over $2,500. However, these trademark lawyer costs are important. There is ample work that still needs to occur after a trademark application is filed. Before even filing a trademark application, it is important to conduct a thorough trademark search.

What is a trademark lawyer?

A trademark lawyer will conduct a comprehensive search to include federal, state, and common law trademarks, often using professional software.

What are relevant costs?

Relevant costs are those that differ based on possible alternatives. These relevant costs are important to your decision on how to acquire your trademark. The most common relevant costs are involved with your decision on whether to hire a trademark attorney to handle the process for you.

What happens if a business is rejected by the USPTO?

If the USPTO rejects your trademark, the cost to fix the application and defend the trademark, or to reapply, could be more than if you had hired an attorney to file the application properly in the first place.

How long does it take to file a statement of use?

You file the Statement of Use about seven to nine months after filing the first application. The USPTO will tell an applicant when the Statement of Use is due. There is a fee to file the Statement of Use. The fee is $100 for each class of goods in the original application.

How much does the trademark office charge?

In addition to our fee, the Trademark Office also charges fees. In particular, with regards to the initial filing, the Trademark Office presently charges either $250 or $350 per class, with the lower amount corresponding to use of an existing goods and services description, and the higher amount corresponding to use of a custom goods ...

What is an arbitrary mark?

An arbitrary mark is an ordinary term, image or design that is used in a meaningless context. Apple is commonly used as an example of an arbitrary mark, in that Apple, while an ordinary word, has no relation at all to computers, software, music players, telephones, and the other equipment that Apple sells.

What is a fanciful mark?

A fanciful mark is a completely made up word, image or design. For example, Peps, Kodak, and Xerox are examples of made up words without meaning prior to their adoption as a trademark. A fanciful mark will not be found in any dictionary prior to its use as a mark. Fanciful marks are considered to be the most distinctive trademarks, ...

What is suggestive mark?

A suggestive mark indicates the nature of a product or service it is associated with, or a quality or characteristic of the product or service it is associated with. For a mark to be suggestive, rather than descriptive, case law requires that the goods and services are only connected with the mark through an “imaginative leap.”.

What is descriptive mark?

A descriptive mark directly describes the nature of the product or service it is associated with, or a quality or characteristic of the product or service it is associated with, with no imaginative leap required.

What is generic term?

A generic term is one that describes the product or service with which it is associated as a category or type. As such, a generic term cannot distinguish between competing versions of the product or service, and is said to lack distinctiveness. Some examples of generic terms are “All Natural” and “Garlic Oil” because they describe the product or service with which they are associated. It is possible for a once distinctive term to become generic due to use by the public to describe all versions of a product or service, and not just those offered by the mark user.

How Much Does a Trademark Cost? – What are Relevant Costs?

Relevant costs are the costs that actually matter when you’re making a choice between two or more courses of action. Basically, a cost is relevant to your decision if:

Exercise 1: Determining the Relevant Cost for a Federal Trademark Search

Let’s start by comparing options for conducting a federal trademark search . The federal trademark search is the vital first step in the trademark process because it will reveal pending applications and existing registrations for trademarks that may be in conflict with your mark and would prevent the legal use and/or registration of your mark.

Exercise 2: Determining the Relevant Cost for a Trademark Application

Hopefully, Exercise 1 gave you a better sense of how to figure out the costs that matter to your trademark search decision. Now, let’s do one more quick exercise – a comparison of the trademark application fees charged by my law firm and Trademarkia.

So, How Much Does a Trademark Cost? The Choice is Yours

I’m experienced US trademark attorney Morris Turek. This article may seem like a big sales pitch for my law practice, but my true goal is to demonstrate the value of doing thorough research when selecting someone to help with your trademark needs.

How to register a trademark?

A trademark attorney can: 1 Identify problems that might arise with your trademark registration. For example, someone else might have common law or state trademark rights that aren’t registered with the USPTO and won’t show up when you search the USPTO’s Trademark Electronic Search System. A lawyer can conduct a more thorough trademark search. 2 Evaluate the strength of your trademark and advise you on choosing a strong mark. 3 Explain how you should use your mark to give it maximum protection. 4 Prepare and file a trademark registration application that meets all USPTO requirements. 5 Advise you on the likelihood that your trademark registration will succeed. 6 Respond to issues that come up after your application has been filed and assigned to an examining attorney at the trademark office. 7 Help you enforce your trademark in the future. The USPTO does not enforce trademarks – that’s up to the trademark owner. A lawyer can help monitor new trademark applications or uses of your trademark and take steps to oppose or stop potentially infringing uses.

Can trademarks be confusing?

The trademark registration process may seem straightforward, but the requirements can be confusing. As a result, trademark owners can make costly mistakes that could have been avoided if the application had been prepared or reviewed by a lawyer. Common mistakes include:

Does the USPTO enforce trademarks?

Help you enforce your trademark in the future. The USPTO does not enforce trademarks – that’s up to the trademark owner. A lawyer can help monitor new trademark applications or uses of your trademark and take steps to oppose or stop potentially infringing uses.