how much does it cost to hire a trademark attorney

• Most intellectual property attorneys charge $150 - $400 per hour.
• An experienced trademark attorney typically charges a flat fee of $1,250 - $2,000 for a basic filing.
• However, if there are any disputes that need to be resolved, violations that need to be handled or other legal work beyond the basic filing tasks, you’ll have to pay ...

Full Answer

How much does an OAPI trademark cost?

The total estimated costs (including attorney charges) that might be incurred by a company over the lifecycle of a 30-page patent (including five pages of drawings) with 16 claims, amount to $5,216...

How much a trademark litigation will cost?

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).

How much do trademark attorneys charge?

• Provide the owner’s name, address, and email;
• Allow the Trademark Office to contact and correspond with you via email;
• Use a description of your goods or services that complies with the USPTO’s Acceptable Identification of Goods and Services Manual;

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What is the cheapest trademark?

• Nike
• McDonalds
• Exxon
• Coca-Cola
• Apple
• Google

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.

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 hire a trademark attorney?

The cost to hire a trademark attorney ranges somewhere in between $500 and $2,000. However, these numbers can fluctuate depending on different factors, such as location, the type of services that the attorney is providing, and the way in which a law firm or trademark lawyer bills their clients. The rates provided in this section also do not account for the standard United States Patent and Trademark Office (USPTO) fees that you may be charged when filing an application to register a trademark.

How much does a trademark attorney cost?

In general, the average cost of a trademark attorney tends to start at $200 per hour and can increase to $400 per hour or more. In some cases, such as those involving simple trademark registration, a trademark attorney may opt to charge a flat rate fee and/or a retainer fee. Of course, these types of fees will vary by each individual law firm or trademark attorney.

How does experience affect trademark fees?

Generally, the more experience that a lawyer has , the higher their rates will usually be .

What can a lawyer do for a trademark?

A lawyer who has experience in handling trademark issues will be able to assist you in completing the registration forms and making sure that the trademark you want to register is not already assigned to a different business. Your lawyer can also assist you in filing a lawsuit against a business that is infringing on or diluting your trademark rights.

What is trademark repair?

Fixing mistakes or errors on an owner’s trademark application, which may have resulted in the contents of their application being denied trademark registration.

Can a trademark attorney save a business?

Trademark attorneys can also save a business owner time and money by informing them when it may not be possible to register something as a trademark or when it may be better to register the item as a different form of intellectual property instead.

Does trademark registration cost include fees?

Also, it should be noted that the above fees do not include the costs of filing a trademark registration application or any other fees imposed by the USPTO. Thus, it is best that a business owner sets-up a consultation meeting with a prospective trademark lawyer where they can ask questions, such as what services are included in the overall trademark lawyer cost and which services may be charged separately.

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.

Benefits of Working with a Trademark Attorney

Gerben Law Firm has registered over 4,500 trademarks since opening our doors in 2008. We work with clients from all 50 states, and, from 30+ countries around the world. Contact us today for a free consultation with a trademark attorney.

Additional Services Offered

While many business owners focus only on obtaining a trademark registration, what happens following registration is often just as important. From monitoring your trademark’s use to meeting renewals deadlines, it is essential to maintain your trademark ownership.

Hiring a Trademark Attorney

The value of working with an experienced trademark attorney far outweighs the cost. Gerben Law Firm offers an affordable, flat fee trademark registration package that includes not only a comprehensive trademark search, but an attorney consultation, application preparation and submission, and managing most non-substantive Office Actions as well.

How much does a trademark attorney cost?

The legal fee standards differ, but most professionals do not charge below $150 to $350 per hour. The total cost of a trademark attorney depends on three factors:

What is the purpose of a trademark attorney?

Whether you need to trademark a business logo, slogan, domain, or name, the primary purpose of an attorney is to make the registration procedure go smoothly.

An Overview of the USPTO Trademark Renewal Process

The first step to making a renewal filing is to gather specimens for the government to show your mark is still in use years after your registration was first issued. These specimens are the same types of evidence you handed over to the government when you first applied for your trademark.

How Much Does it Cost to File a Trademark Renewal?

To file a trademark renewal you will typically pay a fee to your attorney to assist you with the filing, and, a fee to the USPTO. The USPTO filing fee is $325 per class of goods/services for the first renewal, and, $425 per class of goods/services for the subsequent renewals. Our firm offers flat fee services for trademark renewal filings.

How much does a lawyer cost?

Based on ContractsCounsel's marketplace data, the average cost of a lawyer in any legal field is $250 - $350 per hour .

How many cost structures are there for an attorney?

There are four main lawyer cost structures that you may encounter when hiring an attorney. It is important to fully understand these fee arrangements to know precisely what you are expected to pay.

Why do attorneys charge flat fees?

The attorney benefits from collecting a lump sum fee upfront and not keeping track of hours or regularly bill the client.

How do lawyers bill?

Lawyers work with different types of billing structures which can also affect the overall price of their services. Some lawyers bill by the hour for their work, while others quote a flat fee rate, contingency rate, or use retainer fees.

How does an attorney work after being hired?

Once an attorney is hired, the cost to speak to them depends on the fee arrangement. If an attorney uses an hourly rate schedule, the client will be charged for meetings, phone conservations, and returned emails. If the lawyer is working off a flat fee arrangement, the client will not have to pay extra to talk to the lawyer.

What is contingency fee?

Contingency fees are used in civil law cases like personal injury, insurance claims, or medical malpractice lawsuits where the goal is a monetary settlement. When using a contingency fee payment structure, the client doesn't pay any money upfront. If the lawsuit is successful and a monetary settlement is awarded to the client, the lawyer will be entitled to a set percentage of the settlement, usually 30%-40%.

What is flat fee?

A flat fee is a pre-arranged total fee for legal services usually paid upfront before the lawyer begins work on your case. It is most common to see this type of payment structure for form-based matters like bankruptcies or contract drafting .