how much does it cost to file a trademark with a attorney

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.

Full Answer

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?

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.

What is the cheapest trademark?

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: $400 for a trademark search reported in a two-three page memo; and; $950 for filing a trademark application …

How much does a commercial litigation lawyer make?

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.

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.

How much does it cost to register a trademark?

The government fees for trademark registration is Rs. 9000 per application per class for company. The government fees for trademark registration is Rs. 4500 per application per class for individual.

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

Do I need a lawyer to register a trademark?

No. You do not need an attorney to file an application for registration of a trademark with the United States Patent and Trademark Office (USPTO).

How do I trademark a logo for free?

Trademark Application Process:Complete a trademark search.Secure your rights.Submit an initial application at uspto.gov on the Trademark Electronic Application System or TEAS.Fill out the TEAS form for an initial application. Be sure to upload the file of your logo.Submit an "intent-to-use" form. ... Pay the fees.

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

Is trademark cheaper than patent?

Trademarks and patents both run through the United States Patent and Trademark Office, and fees for trademarks are often much cheaper based on how the individual owner establishes his or her claim on products or the business brand.

What's the difference between LLC and trademark?

The Difference Between an LLC and a Trademark The short answer is—the level of protection they can provide. In the case of an LLC, your business name is only guarded within state lines after you register. You cannot press charges against brands using the same title if they are based in a different state.

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 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.

Who pays for trademarks?

First, a business owner pays fees to the U.S. Patent and Trademark Office (the "USPTO"). These fees are sometimes called "costs" or "official fees.". Second, a client might pay fees to a trademark attorney. This trademark attorney manages the process of registering a trademark.

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.

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.

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.

Do I have to pay fees to keep my trademark alive?

Once you apply, you may need to pay additional fees, depending on your filing basis. After your trademark registers, you will need to pay maintenance fees periodically to keep your registration alive. See our trademark fee information and the fee schedule for more detailed information.

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.

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.

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.

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.

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.

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.

Can you pay a TEASI as a guest?

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. If you need assistance using Financial Manager, please contact the USPTO help desk at 1-800-786-9199 and selection option 3, then option 4. You may also send an email to [email protected]#N#(link sends email)#N#.