how much does it cost to get a trademark in the us with trademark 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?

For this exercise, you need to know that the government filing fee for a US trademark application is generally $275 (but can sometimes be $225 depending on whether certain requirements can be met at the time of filing). My Trademark Application Service I currently charge a flat-fee of $800 to prepare and file your trademark application.

How much a trademark litigation will cost?

However, because many of the filing requirements can be easily overlooked it is advisable you seek advice from a knowledgeable attorney, experienced in the procedures of filing trademark applications with the USPTO. $225 or $275 per class. So, total with trademark attorney is $700 for one trademark under one class.

How much do trademark attorneys charge?

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. When hiring an attorney or legal service, expect to pay an additional $199 to $2,000 to have them complete the trademark name registration for you.

What is the cheapest trademark?

Mar 13, 2015 · A trademark attorney will typically cost you anywhere from $1,500 to $4,000 to register your trademark. As of the date of this publication, my firm currently charges a flat fee of $2,275 to register trademarks. The different in price largely has to do with our service.

Do I need an attorney to register a trademark in the USA?

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 much does it cost to trademark in USA?

Total Cost to File 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.

What is the cheapest way to trademark?

The easiest and least expensive way to register your trademark is online, through the USPTO's Trademark Electronic Application System (TEAS). Remember that you can only register one trademark per application.

How do I register a brand name in USA?

Registering a trademark for a company name is pretty straightforward. Many businesses can file an application online in less than 90 minutes, without a lawyer's help. The simplest way to register is on the U.S. Patent and Trademark Office's Web site, www.uspto.gov.Sep 11, 2008

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.

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.

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.

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.

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 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.

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.

How much does it cost to file a Section 1A?

When filing a Section 1 (a) application based on use in commerce, the application will not cost you more than the filing fee of $225 or $275. However, where you are not yet using the mark in commerce and have opted to file a Section 1 (b) application based on your future intent to use the mark in commerce, there are additional fees.

What does "actual use of a trademark in commerce" mean?

Actual use of a trademark in commerce means you have already used the name in commerce, within the United States, in relation to the goods or services you seek to register your mark. Where you have already used the name in commerce, you will file for a Section 1 (a) filing basis. Conversely, if you have not yet used the mark in commerce, ...

What is the most important step a person or company can take to protect its brand in the United States?

Perhaps one of the most important steps a person or company can take to protect its brand in the United States is to secure a federally registered tradem ark with the United States Patent and Trademark Office (“USPTO”).

What is a TEAS application?

In addition, a regular TEAS Application allows you to list the goods or services under your own description. However, an Examining Attorney may require you to be more specific with your description in a future Office action.

How much does it cost to hire a trademark attorney?

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.

Why do you need a trademark search?

As a result, a trademark search is vital in preventing the potential for you or your company to face expensive and unnecessary litigation. So when thinking of the cost to trademark a business name, thing first of paying an attorney to handle your trademark.

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.

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 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.

Am I Required to Hire an Attorney?

I can’t talk about trademark opposition costs without first addressing the biggest portion of such costs, which is almost always attorney’s fees. Needless to say, you’re probably wondering whether you’re required to hire an attorney to pursue or defend an opposition, or whether you can save all that money and just do everything yourself.

How Much Does a Trademark Opposition Cost as the Opposer?

If you’re the opposer (meaning the one who’s filing the opposition) and you decide to prepare/file the notice of opposition on your own, it’s possible you may only spend a few hundred dollars in government filing fees to successfully oppose a trademark application.

How Much Does a Trademark Opposition Cost as the Defendant?

If you’re the defendant (meaning you’re the owner of the opposed trademark application) and you choose not to hire an attorney, the cost of a trademark opposition could conceivably be zero dollars .

What If I Hire an Attorney?

Regardless of whether you’re the opposer or the defendant, hiring an attorney is going to cost you a significant amount of money. Plain and simple. I don’t know any attorneys who charge less than $200/hour and some charge $500/hour or more.

Questions About Trademark Opposition Costs?

I’m experienced US trademark attorney Morris Turek. I regularly assist individuals, businesses, and non-profit organizations throughout the United States and across the globe with pursuing and defending trademark oppositions.

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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 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 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.

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.

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.