how much does it cost to have an attorney file a trademark application

You pay that fee directly to the U.S. Patent and Trademark Office

at the time that you apply for the trademark. Attorney fees are an additional cost. Most attorneys will prepare and file a trademark application for a flat fee that is normally between $ 300 and $1000.

Full Answer

How much does an OAPI trademark cost?

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.

How much a trademark litigation will cost?

If you are doing an intent-to-use trademark application, then there will be additional attorney time (usually about $150) and a USPTO filing fee ($100) when you start using it “in commerce”. This is for a filing called an “allegation to allege use”, to let the USPTO know that that “in commerce” uses started, and to submit a “specimen” as evidence.

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?

Initial application fee for electronic filing. Option 1: TEAS Plus. Option 2: TEAS Standard. $250 per class of goods/services. $350 per class of goods/services. The cost of attaining a trademark varies depending upon the filing basis selected, and which initial application form is used. Each of these filing options have specific requirements that impact the fee amount.

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.

When should I hire a trademark attorney?

When Should You Hire a Trademark Attorney? A trademark attorney should be hired when you have an idea for the name of your company. This is because a trademark attorney should conduct a search on your name and provide an opinion to you on whether or not the name is safe to use.

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).

Can you register a trademark for free?

You don't have to register your trademark to have limited trademark protection. But there is another dirty little secret about trademarks: you can apply for a federally registered trademark yourself online, for free, at the USPTO–you only pay the government fees.Nov 10, 2017

What are the three requirements for trademarks?

What Are Trademark Requirements?Provide your name and address as owner of the trademark.State the entity type (individual or corporation) and your national citizenship.Demonstrate actual use or a real intent to use the trademark in commerce.Give a detailed description of the product being trademarked.More items...•Jul 8, 2020

How easy is it to get a trademark?

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

What are the advantages of hiring an attorney with trademark registration?

An attorney can conduct an in-depth search to ensure the trademark is not likely to be confused with another existing trademark. An attorney can prepare and file the necessary documents to properly register a trademark. An attorney can also offer advice on the best strategy to protect a trademark.Mar 28, 2014

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.

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.

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 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#.

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 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.

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.

Who is Josh Gerben?

Josh Gerben, Esq. is the founder and principal of Gerben Law Firm. In 2008, Mr. Gerben started the firm to provide high-quality trademark services at reasonable prices. Today, he is recognized by the World Trademark Review as a top trademark filer, having registered over 5,500 trademarks. The contents of this blog are for informational purposes only and may not be relied on as legal advice.

How much does an attorney charge for trademarking?

If you are using an attorney to help you, the attorney may charge between $ 200 and $ 2,000 or more to respond to an office action. Your trademark application can be filed based on your having already used the mark to sell goods or services, or on your intent to sell them in the future.

How much does it cost to register a trademark?

The government fees to file a new trademark application are either $ 225 per class if you choose your goods and services from the pre-set list, file electronically, and follow some other rules; or $ 275 per class if you want to enter exactly the text you choose. For example, if you want to register your trademark for jewelry (Class 14) ...

What happens if I refuse to file a trademark?

After you file your application, it will be examined by a Trademark Examiner (also called an Examining Attorney). The examiner will frequently issue an official letter (called an Office Action) refusing your application. Some refusals are easy to overcome; some are very difficult to overcome and require legal research and preparing formal legal ...

How long does it take to get a statement of use?

If you haven’t yet sold anything under the trademark, then you will normally need to file a Statement of Use at the end of the application process, normally about 9-12 months after filing the application . The government fee to file a Statement of Use is $ 100 for each class of goods or services in the application.

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

The government fee to file a Statement of Use is $ 100 for each class of goods or services in the application. The attorney fees to prepare and file a Statement of Use vary, but are normally between $250 and $700, depending on the number of classes in the application and how difficult it was to obtain and prepare images showing your use ...

How many classes of goods and services are there in the USPTO?

You can only register a trademark for the specific goods and services that you plan to use that trademark with. All goods and services are divided into 45 classes . The USPTO has a pre-set list of specific goods and services, or you can enter them in any text you choose.

Can I register a trademark in the US?

You can also register a trademark in most U.S. states. A state registration is easier and less expensive, but is also less useful. Given the ubiquity and visibility of the Internet, most business owners will be much better off seeking a federal trademark registration. You can only register a trademark for the specific goods and services ...

Why are trademark fees higher?

If you hire an attorney, be aware that your application fees will remain the same, but your overall costs of filing a trademark application will be higher because you’ll also have the cost of your attorney’s services.

What are the benefits of hiring an attorney?

Benefits of hiring an attorney include: Providing you crucial legal advice about your trademark. Conducting your trademark clearance search before you file an application. Preparing your application accurately. Responding to legal correspondence from the USPTO. Enforcing and maintaining your trademark rights.

Do I need an attorney to trademark?

Not everyone is required to have an attorney. If you are a foreign-domiciled trademark applicant or registrant, you must have a U.S.-licensed attorney represent you. If you’re domiciled in the United States, you’re not required to have an attorney.

Does hiring an attorney save you money?

However, in the long run, hiring an attorney may save you money because an attorney will know how to best advise you on your trademark’s registrability, prepare your application, and respond to the USPTO on various issues that might arise throughout the process.