how much does a trademark attorney charge to trademark a name

by Nicklaus Schuppe 4 min read

The average cost to trademark a name or logo is around $275 when filing yourself, or between $500 and $2,000 when filing through a service or trademark attorney. The cost of a trademark is based on the number of classes your goods or services fall under, as well as the methods used when filing.

The typical range for a trademark attorney hourly rate will be between $225 on the low end and over $500 on the high end. For trademark registration services, lawyers that bill flat-rate charge anywhere from $750 to $3000 or more for handling the trademark search and the trademark registration process.Oct 5, 2020

Full Answer

How much does an OAPI trademark 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 …

How much a trademark litigation will cost?

Trademark Cost. The average cost to trademark a name or logo is around $275 when filing yourself, or between $500 and $2,000 when filing through a service or trademark attorney. The cost of a trademark is based on the number of classes your goods or services fall under, as well as the methods used when filing.

What is the cheapest trademark?

The cost of trademarking a name is substantially less in state court, but the benefits derived from federal registration are far greater. If you are interested in registering a trademark, you can post a free job request on UpCounsel and get free proposals from experienced trademark attorneys to review. Pending how many trademarks you wish to register and/or the complexity of it, you may …

How much does a commercial litigation lawyer make?

Jan 05, 2022 · A licensed trademark attorney can charge anywhere from $200 and up for this service. Additionally, upon filing your trademark application, the United States Patent and Trademark Office (USPTO) will charge you a government filing fee of at least $350 and sometimes more, depending on how the application is filed, and how many classes of …

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How much is it to trademark a name?

The basic cost to trademark a business name ranges from $225 to $600 per trademark class. This is the cost to submit your trademark application to the USPTO. The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS).

What is the cheapest way to trademark?

The cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.Nov 22, 2019

Can I trademark a name for free?

You can not register a trademark for free. However, you can establish something known as a "common law trademark" for free, simply by opening for business. The benefit of relying on common law trademark rights is that it's free, and you don't need to do any specific work filling out forms, etc.

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.

How much does it cost to apply for a trademark?

A trademark, which is a brand name, costs between $275 and $325 for filing. In addition, you need to pay the related attorney fees or any state fee...

How do I trademark a name and logo?

To establish your company’s identify and protect it, you should trademark the name and logo. To trademark your name and logo, you need to make sure...

What are the three types of trademarks?

According to the US Patent and Trademark Office (USPTO), the three main types of trademarks include word marks, design marks (which make use of ima...

Is it better to copyright or trademark a logo?

While copyrights cover intellectual copy, logos must be trademarked. Therefore, it is better to trademark a logo with the US Patent and Trademark O...

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.

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.

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.

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.

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 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 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.

What is a special form mark?

A special form mark -- In comparison, this option is required when your logo consists of a specific font, design, or a combination of the two.

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.

How much does it cost to file a trademark?

Additionally, upon filing your trademark application, the United States Patent and Trademark Office (USPTO) will charge you a government filing fee of at least $350 and sometimes more, depending on how the application is filed, and how many classes of goods/services are listed in the application. In most cases, the government filing fee is $350 per ...

How much does it cost to file a statement of use?

The United States Patent and Trademark Office charges a fee of $100 per class of goods/services for filing the Statement of Use. However, it should be noted that only an applicant who is not actually ...

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.

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.

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 much does it cost to trademark a business name?

To trademark a business name, it costs between $275 and $325 for the filing fees. Additionally, you’ll need to pay attorney fees, state fees of $100-$200, and maintenance fees as the trademark cost needed in the future.

How much does it cost to register a trademark?

The federal registration filing fee for a trademark is one of the more expensive costs, starting at $275 because it will provide your trademark with all of the benefits that a state filed trademark would not have.

Why is it important to have a trademark?

Trademark protects your brand from competitors who can be involved in stealing and using a similar version of your name or logo. Trademark increases the value of your brand if you ever decide to sell your business (the value of your business is in your brand) Trademark allows you to know if someone is using your brand.

What is a trademark?

Trademark allows you to know if someone is using your brand. Trademark prevents someone else from using a similar brand. By knowing what is the cost of trademarking a name and paying the trademark price, trademark allows you to use the ® symbol to protect your brand. Whether you are a business owner, singer, graphic designer, artist, photographer, ...

What is collective mark?

Collective marks: These work just like trademarks but you may apply the trademark to a group instead of an individual business. When it comes to trademarking and knowing how much is trademarking a name, some things are really tough to trademark. In this case, you should consult with.

How much does it cost to keep a trademark alive?

It’s currently $100 in year 5 and then an additional $500 in year 10 and every 10 years after.

How long do you have to renew a trademark?

5 years after your trademark, you’ll have to renew it using Section 8 and paying a $100 fee. If you don’t do this before the 6th year, you’ll have 6 additional months to take care of this, but it will cost you an extra $100 penalty as an additional trademark cost for maintenance.

United States Patent and Trademark Office (USPTO) Fee

The USPTO currently has a basic $225 option to register a single business name for a single class of goods or services. This option is decent for most applicants. For example, if you want to register the company name “Magic Wash” for car washing services only, you need to pay $225.

Fees for preparing and submitting your trademark registration application

There are a few services available online that assist applicants with registering their trademark with the USPTO; we will discuss a few of them below.

Other Fees Associated with Trademarking a Business Name

Here are some additional fees that you may need to take into consideration as you register your business name as a trademark.

What Should You Do Before Registering Your Business Name as a Trademark?

Before registering your business name as a trademark, you should conduct a trademark search to ensure that no one else has registered the same business name for a business that’s the same as or similar to yours.

Do You Need to Register a Business Name to Protect It?

No, you do not need to register a business name to be protected in your state because common law protection applies. However, trademark registration offers business owners nationwide protection, meaning that no one can use the trademark anywhere in the United States.

How Long Does a Trademark Registration Last?

Trademark registration in the U.S lasts forever so long as the owner continues to use it on his goods or services. That said, to keep a trademark in its registered state, the owner must file a statement of use within five years of registering it with the USPTO.

How Long Does It Take to Register a Business Name as a Trademark?

After filing your trademark registration application, it takes the USPTO approximately 4 to 6 months to examine and either approve or deny your trademark application. The USPTO has many trademark applications to get through, so if you filed at a time when they’re busy, you should expect your application to take approximately six months.

How Much Does it Cost to Trademark a Band Name

How Much Does it Cost to Trademark a Band Name is part of our Trademark Cost series.

Costs to Trademark a Band Name

Here is a quick summary of some of the costs associated with registering a band’s name as a federal trademark.

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For assistance in registering your trademark or if you have trademark related questions, please contact us today.

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