how much does a private trademark attorney cost?

by Pauline Berge 6 min read

Most attorneys will prepare and file a trademark application for a flat fee that is normally between $ 300 and $1000. Applications with multiple classes may be more. You generally get what you pay for.

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.Jun 24, 2020

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How much does an OAPI trademark cost?

In addition, often you can find trademark attorneys who offer services for a flat fee. Further, averages indicate that hiring a trademark can cost $1,000 – $2,000. If you hire our firm we charge $475 to file a trademark under one class. $475, plus …

How much a trademark litigation will cost?

A common question for trademark filers is how much does a trademark attorney 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; $950 for filing a trademark application including …

What is the cheapest trademark?

Jun 24, 2020 · 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.

How much does a commercial litigation lawyer make?

Next, we have the relevant trademark cost of $136 to consider when choosing between my law firm and Trademarkia’s Plus Package. Trademarkia is $136 less ($800 minus $664). Even though you get more “add-ons” (mostly fluff) with Trademarkia’s Plus Package, you still receive little or no assistance from an actual trademark attorney.

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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 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.

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 is a trademark lawyer?

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

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 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.

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.

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 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.

The very short answer

is $1200. There are, of course, caveats and details. The first is that when I say “an attorney” I mean “me.” Other attorneys may differ.

The long answer

is that my $1200 flat fee includes preparing and filing the application as well as USPTO filing fees for one “class” or category of services. First I will do some more background research to check for other conflicting marks.

Additional costs for intent-to-use applications

What “intent-to-use” means. An “intent-to-use” application means that you haven’t started selling your goods or services in commerce yet. It’s a prospective name, for a planned product or service, where you are doing the trademark filing in order to start establishing rights in the name.

Your application filing option

Our initial application form has two filing options: TEAS Plus and TEAS Standard. See the difference between these two filing options.

Your application filing basis

Your filing basis depends on whether or not you’re currently using your trademark in commerce, and impacts what actions and responsibilities you have throughout the registration process.

Fee for each class of goods or services in your application

You pay a fee for each class of goods or services in your application. The more classes of goods or services you include, the higher the cost. For example, if you’re filing a TEAS Standard initial application, you’ll pay $350 per class of goods or services. If you have two classes of goods, then you’ll pay $700 ($350 plus $350).

Maintaining your registration

After you register your trademark, you must file documents to maintain your registration at regular intervals. These documents cost different amounts to file based on the number of classes in your registration. For example, every ten years you must submit a declaration of use and/or excusable nonuse and an application for renewal.

Initial application fee for electronic filing

Requesting extension of time to show use of mark (if not part of initial application): $125 per class; and/or

Methods of payment

TEAS and TEASi have been enhanced to allow for payments via a new online fee payment management tool, Financial Manager. Once you complete your order in TEAS or TEASi, you’ll have the option to “Pay as a guest” or “Sign in” using your uspto.gov account credentials. View an introduction to Financial Manager to help you get started.

Refunds generally unavailable

Fees paid are generally not refunded by the USPTO. Registration is not automatic and requires legal review by an examining attorney. Please take all necessary steps to ensure your mark is entitled to receive a trademark registration before filing an application.

Fee questions

For questions concerning fees and payment methods, contact the Trademark Assistance Center.

What is a trademark lawyer?

An experienced trademark lawyer understands the trademarking process and knows exactly what it takes to be approved. Lawyers will significantly reduce your risk of rejection due to an incomplete or improperly filed application. Attorneys can also suggest potential changes to make your trademark stronger.

How much does it cost to register a trademark?

The U.S. Patent and Trademark Office (USPTO) will charge anywhere between $225 to $400 to register a trademark for a name depending on the method you choose and the class of your business.

What is the difference between copyright and trademark?

Copyright. While a trademark and copyright are similar in that they both protect critical aspects of a business or original piece of work, they differ in regards to the type of asset involved. A trademark protects an item that defines a company or brand, such as a phrase, design, or symbol.

How much does it cost to trademark a logo?

Trademark Logo Cost. The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) ranges from $225 to $600 plus legal fees depending on the filing class. When you aim to distinguish your business from your competitors, your logo is one of the most important elements.

How much does it cost to get a copyright?

However, depending on the method and application, the rate ranges from $35 to $85. In other cases, copyright costs are significantly higher.

What is class 1 in business?

For example, class 1 involves chemicals used mainly in industry, science, and agriculture -- whereas class 2 includes paints, varnishes, colorants, and other products used to protect against the effects of corrosion. If your business falls under more than one category, you will need to pay a separate filing fee for each class.

What is a standard character mark?

A standard character mark -- This protects a specific arrangement of number or letters, for example, Coca-Cola. In this case, your mark will be protected no matter how the text is displayed. If your logo only consists of your business name or slogan, a standard character mark is ideal.

Trademark Costs Explained

A common question many attorneys get is: "how much does it cost to trademark a name?”

What does all this mean?

The more complex your trademark application is, the higher the cost it will be for your trademark. Additionally, trademark fees change with a difference in paper versus electronic application. The cost of trademarking a name is substantially less in state court, but the benefits derived from federal registration are far greater.

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