how much does a trademark attorney charge

by Dr. Gillian Jakubowski 5 min read

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.Jun 24, 2020

How much does an OAPI trademark cost?

Jun 18, 2021 · How Much Does a Trademark Attorney Cost? 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.

How much a trademark litigation will cost?

The legal fee standards differ, but most professionals do not charge below $150 to $350 per hour. The total cost of a trademark attorney depends on three factors: Knowledge of the person you are hiring—If you opt for a lawyer that does not have much experience with trademark registration, they will need more time to figure out how to help you. That will automatically …

What is the cheapest trademark?

Jun 24, 2020 · Some attorneys can file a trademark application for you for a flat fee. This flat fee might fall between $300 and $1000 per application. The flat fee includes the cost for the attorney to prepare the application, too. If you want to file an application for multiple classes though, the flat fee might be more.

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.

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How much does it cost trademark a name?

What Does Trademarking a Name Cost? Filing a trademark for your business name with the U.S. Patent and Trademark Office (USPTO) will cost between $225 and $600, plus legal fees. You can register with most states for $50-$150 if you don't want protection outside your state.

Can a lawyer file trademark application?

Any layman who wants to register a trademark can apply himself. But when the practical applicability is considered, appointing an attorney will ease the process to register a trademark.

Are trademark attorneys lawyers?

A Chartered Trade Mark Attorney is a lawyer who is specifically qualified to advise on trade mark law and acts as an agent for the purposes of applying for and obtaining trade mark registrations.

How long does a trademark last?

In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.Mar 21, 2019

Can I apply for a trademark myself?

Yes, as long as you are an American citizen or a company domiciled in the United States, you are able to file your own trademark application. ... DIY trademark registration, found here.

Who can trademark attorney?

Who is qualified to become a Trademark Attorney in India? Anyone who is above 21 years of age, a graduate of any institute in India or has equivalent qualification. Such person must also clear the examination provided under Rule 148.

How do you qualify to be a trademark attorney?

One can enroll as an advocate in any of the State Bar Council, after obtaining their LLB degree. The attorney must be registered to practice trademark laws before the IPAB (Intellectual Property Appellate Board) of the Trademark office and must also be registered to practice law in at least one of the states in India.Sep 16, 2017

How do I get a trademark code for my attorney?

Steps to create an account for Trademark e-filingSign up. ... Procure a Digital Signature Certificate. ... Enter Applicant Type and Code. ... Enter Proprietor Name. ... Create new party code if applicable. ... Proprietor Code Registration Form. ... Proprietor Code Generated. ... New user Registration Firm.More items...•Sep 4, 2020

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 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.

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 is a transfer and assignment agreement?

Any required cease and desist letters. Transfer and Assignment Agreement, which enables a trademark owner to transfer the rights and the ownership. Although some attorneys charge their trademark lawyer cost with a flat fee, others might charge more.

How much does an attorney charge to respond to an office action?

If an attorney helps to respond to the Office Action, the attorney might charge between $200 and $2,000 to prepare the response. The cost depends on the time and effort required to prepare the response. The USPTO does not charge any more fees when a business owner responds to an Office Action.

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.

What is standard fee for trademark?

The standard fee covers an actual use application. That is an application to register a trademark that is currently being used for the sale of goods and services . However, if your business wants to use a trademark in the near future, then an intent-to-use application can be filed.

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.

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 file 041?

If you provide educational or entertainment services that is Class 041. The USPTO government filing fee is generally $250 per class. After the application is filed, it is processed by an examining attorney at the Trademark Office. The whole process takes about nine months, assuming there are no complications.

How long does a trademark stay in the USPTO?

As noted, all proposed trademarks that are not withdrawn are published in the USPTO’s Official Gazette for thirty days.

When is the first renewal deadline for trademarks?

The first renewal deadline is between the fifth and sixth year anniversary of the registration.

How much is trademarkia?

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.

What is trademarkia standard?

In contrast, Trademarkia’s Standard Trademark Search Package only includes (1) a federal trademark search, and (2) an electronic, computer-generated search report. It doesn’t include any advice or guidance from a trademark attorney, nor any interpretation or explanation of the trademark search results.

Why is a federal trademark search important?

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.

What is relevant cost?

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: 1) it’s a cost that has not yet been incurred, and. 2) it’s a cost that differs among your alternatives. So, let’s say you’re ready to acquire a federal trademark registration.

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