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

by Hadley Rowe 5 min read

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

United States Patent and Trademark Office

The United States Patent and Trademark Office is an agency in the U.S. Department of Commerce that issues patents to inventors and businesses for their inventions, and trademark registration for product and intellectual property identification.

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.

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 it cost to file a trademark application?

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 does it cost to file a teas application?

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.

Should I hire a trademark attorney to file my 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.

Can I pay for trademark registration fees with foreign funds?

Jan 04, 2021 · 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

Who can trademark attorney?

Who is qualified to become a Trademark Attorney in India? Anyone who is above 21 years of age, a graduate of any institute in India or has equivalent qualification. Such person must also clear the examination provided under Rule 148.

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

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 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 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 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 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.

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 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.

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.

Initial application fee for electronic filing

Requesting extension of time to show use of mark (if not part of initial application): $125 per class; and/or

Methods of payment

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.

Refunds generally unavailable

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.

Fee questions

For questions concerning fees and payment methods, contact the Trademark Assistance Center.

Your application filing option

Our initial application form has two filing options: TEAS Plus and TEAS Standard. See the difference between these two filing options.

Your application filing basis

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.

Fee for each class of goods or services in your application

You pay a fee for each class of goods or services in your application. The more classes of goods or services you include, the higher the cost. For example, if you’re filing a TEAS Standard initial application, you’ll pay $350 per class of goods or services. If you have two classes of goods, then you’ll pay $700 ($350 plus $350).

Maintaining your registration

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. For example, every ten years you must submit a declaration of use and/or excusable nonuse and an application for renewal.

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.

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.

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 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 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.

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.

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 an office action letter?

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 arguments. There are no government fees required to respond to an Office Action.

How many classes are there in the USPTO?

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. 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, ...

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 ...

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 ...