how much does it cost for an attorney to register a trademark

How much does it cost to register a trademark?

While filing for a trademark, USPTO fees are based on three options:

• Option 1 -- $225 for TEAS Plus filing per class of good or services. This option has the strictest requirements.
• Option 2 -- $275 for TEAS Reduced, which involves fewer requirements.
• Option 3 -- $400 for TEAS Regular, which does not have any additional requirements in comparison to the options above.

What is the government filing fee for a trademark?

• Number of marks: Only one mark may be filed per application. If you have multiple marks, they require separate applications, each with its own filing fee
• Number of classes: You must pay for each class of goods and/or services in the application. ...
• Application filing option selected: TEAS Plus and TEAS Standard

How much is a trademark federal filing fee?

Fees to Trademark a Business Name. When filing an application to trademark your business name on a federal level through the USPTO, you should count on paying between $250 and $750. According to the USPTO website, the trademark fees you'll pay depend on: The number of trademarks you seek; The class of goods and services you intend to trademark; An applicant may only apply for a single trademark in an application. The cost to file an application is generally $250-$350.

What is the cost of international trademark registration?

The cost of filing an international trademark registration includes the basic fee (653 Swiss francs; or 903 Swiss francs for a mark in colour*), plus additional costs depending on where you want to protect your mark, and how many classes of goods and services will be covered by your 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.

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 it take for a trademark to be published?

See 15 U.S.C. §1051 et seq. If the examining attorney is satisfied with the application and satisfied that it meets the legal requirements, then the proposed trademark is published in the USPTO’s Official Gazette for 30 days. During this time period, challenges can be filed against the application in the form of a trademark opposition. If there are no challenges, then the application proceeds toward registration.

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.

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.

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 long does it take to get a statement of use?

This Statement of Use is filed at the end of the application process. 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 it cost to resubmit a USPTO application?

There is a $125 resubmission fee for two of the three USPTO application forms if an application is incomplete or incorrect. This is another reason using a lawyer will save you money, as he or she will fill it out correctly the first time.

How much does it cost 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. Most business owners expect to receive at least one Office Action, possibly more. The attorney must file the response within six months. If the Examining Attorney is not happy with the response, the lawyer must prepare another letter to reply to the concerns.

Why are trademarks rejected?

Over 50 percent of trademark filings each year are rejected, normally due to improper filing or incomplete applications.

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 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 name?

The cost to trademark a name at the federal level ranges from $225 to $400 plus legal fees or $50 to $150 for a state trademark. The average cost to trademark a logo is $225 to $600 plus any legal fees.

How are trademark fees calculated?

USPTO trademark fees are calculated on a "per class" basis. This means that if your goods or services fall under more than one class, this will drive up the final cost of obtaining a trademark.

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.

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.

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.

How much does it cost to register a trademark?

Provided that you are selling your goods at the time of the trademark filing, your total cost of registering a trademark will be the flat legal fee of $950 and US Government filing fee of $350 per class. Therefore, for a single class application the total cost of the process will be $1225.

How much does it cost to trademark a name?

So, for instance, if you’re looking to trademark a name that represents a clothing line, brand of jewelry and brand of purses, the US Government filing fee will be $350 for each of those product categories or “classes” (as they are called by the United States Patent and Trademark Office). In certain specialized cases, that filing fee may be reduced to $225 per class, rather than $350, and that’s something that your trademark attorney can look into on a situational basis.

How much does Gerben Law Firm charge for trademarks?

At Gerben Law Firm, your cost will be a flat fee $950 for any trademark search and application. That covers thorough research of your desired trademark, consultation time, and the time and logistics required to prepare and file the trademark application itself – paperwork, usage examples, and so on. This flat fee also covers responses to any non-substantive Office Actions, which are queries from the United States Patent & Trademark Office.

What is the USPTO's responsibility for trademarks?

Specifically, the USPTO requires the trademark holder to monitor and police the protection of their mark – meaning any unauthorized use or “genericization.” The USPTO will handle claims to put a stop to unauthorized use, but it’s up to you as the trademark holder to be aware of it.

Is it good to trademark a business?

Most entrepreneurs and small business owners are well aware of the benefits of registering a trademark for their products and services. Even in light of the legal protections and peace of mind offered by a trademark, however, some people may still be concerned about the cost of filing a trademark application.

How much does it cost to file a trademark?

No matter how you file, you will pay a minimum of $250 at the Federal level, and $50 to $150 on the state level . But considering the importance of your trademark, and the potential complexities you face when filing, it’s not a bad idea to use a lawyer for filing service.

How much does it cost to trademark a product?

Typically, the cost of filing a trademark at the state level ranges between $50 and $150. As with federal filings, it’s a good idea to use a lawyer or filing service, so costs will vary based on your needs.

How much does a TEAS Plus trademark cost?

TEAS Plus and TEAS Standard. There are two kinds of applications that you can use when applying for a federal trademark: TEAS Plus ($250 each ) and TEAS Standard ($350 each). There is also a TEASi, which enables applicants to file international protections.

What is the difference between a trademark and a service mark?

The main difference is that service marks are used to identify a particular service provided by an organization, while a trademark is used to identify a particular good provided by an organization.

Can inaccurate descriptions of a trademark be refunded?

Inaccurate descriptions can weaken your trademark and leave you vulnerable in the future. Besides, an attorney could save you money in the long run, since your application fees are not refunded should your application get refused.

Do you have to file a trademark for each class?

You must file a trademark for each class that you want the trademark to apply. Sometimes, the goods or services that you are trying to trademark may fall into several classes, or the varying goods and services that you provide individually span across several classes.

How Much Does a Trademark Registration Cost?

Trademark registration cost consists of two factors: the price of submitting the trademark application, which is paid to the government, and the fee for the lawyer, including analysis, session time, filing time, and so forth. The price of the federal submission is $275 per class of products.

What Are Trademarks?

Enterprise names, logos, and product labels can all be protected by trademark registration. Logos include the following:

Registering a Trademark

Companies that are able to register a trademark can protect your unique idea and product from competing businesses. Registering a trademark in-state is a relatively straightforward and affordable option that still provides protection at the state level.

How Much Does It Cost to Register a United States Trademark?

Given the ubiquity and visibility of the internet, most enterprise proprietors can be much better off looking for a federal trademark registration. You can only register a trademark for the particular items and providers that you plan to make use of that trademark with. All items and providers are divided into 45 classes.

After a Trademark is Granted

The United States Patent and Trademark Office (USPTO) dictates that all trademark holders must enforce and protect their own mark. This responsibility falls solely on the person or entity that controls the mark. The USPTO will not monitor the marks and simply handles claims to place a cease to unauthorized use.

Registering a Business Name in Your State

You probably have already created an LLC, corporation, or different formal entity, and you could have already registered your online business title in your state.

How many marks can be filed per application?

There are certain factors used to calculate the filing fee for an initial application, and you should be familiar with these factors before accessing the new application forms: Number of marks: Only one mark may be filed per application. If you have multiple marks, they require separate applications, each with its own filing fee.

What credit cards are accepted for TEAS?

Credit Cards accepted are VISA®, MasterCard®, Discover®, and American Express®. To pay by credit card when not using TEAS, you must submit a Credit Card Payment Form.

Do you have to pay for each class of goods and services in an application?

If you have multiple marks, they require separate applications, each with its own filing fee. Number of classes: You must pay for each class of goods and/or services in the application. For example, if the application is for one mark but the mark is used on goods in two different classes, such as computer software in Class 9 ...

Is USPTO fee refunded?

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.

What do you need to do after you register your trademark?

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.

What is the filing basis for a trademark?

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.

How much do you pay for two classes of goods?

If you have two classes of goods, then you’ll pay $700 ($350 plus $350). However, if you have multiple goods that belong in the same class, you’ll only pay $350 because you’re only filing for one class.