how much for a trademark attorney

by Prof. Michale Kovacek 8 min read

  • Most intellectual property lawyers charge $150-$400 per hour.
  • An experienced trademark lawyer 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 ...

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

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How much does an OAPI trademark cost?

2 rows · The legal fee standards differ, but most professionals do not charge below $150 to $350 per hour. ...

How much a trademark litigation will cost?

How Much Does a Trademark Attorney Cost? If you have us do a trademark search and prepare and file your trademark application, you should expect a $1150 flat professional fee. Why is a Trademark Search Necessary? 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 …

How much do trademark attorneys charge?

Jun 18, 2021 · How Much Does a Trademark Attorney Cost? 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.

What is the cheapest trademark?

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 …

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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.

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.

Can a trademark be modified after filing?

A trademark search will reveal these similar trademarks which will save money and time since your proposed trademark cannot be modified after filing the application. The USPTO maintains a searchable online database of trademarks called the Trademark Electronic Search System (“TESS”) that can be used by anyone.

What are Some Factors Used When Determining Trademark Lawyer Fees?

In general, trademark lawyer fees depend on a number of the same factors that one would use to calculate attorney fees for a lawyer across many different fields of law. Some of these factors may potentially include the following:

What Services Do Trademark Lawyers Typically Provide?

Trademark lawyers typically provide specific legal services since this particular area of law is so specialized. Some common examples of the types of services that trademark lawyers usually provide include:

Are There Any Advantages to Hiring a Trademark Attorney?

Similar to patents, the process to register a trademark can be very difficult without the help of a trademark attorney. Unlike the average cost of patent lawyer, however, the good news is that the average cost of trademark attorney is typically less than the rate for a patent lawyer.

Should I Hire a Trademark Attorney?

If you need help with registering a trademark for your business or if you want to file a lawsuit against another party for infringing on an existing trademark, you should speak to a local trademark lawyer immediately for further legal advice.

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 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.

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.

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.

3. Do you need an attorney to register your trademark? – BitLaw

While you don’t need to hire a trademark attorney, we believe that a trained need to file for trademark renewal (see our guidance on What are the Costs (7) …

6. Patent Fees – Trademark Attorney – The Concept Law Group

Where possible, we have provided fixed fees for our services, as we’ve found that many of our clients prefer this approach. On average, the fixed fee might be (17) …

8. Budget Estimator for Trademarks – Brown & Michaels, PC

Cost: $225 filing fee per class if filed electronically (which we would always do) plus $375 legal fee. Incontestability (“Section 15”): Any time after the mark (24) …

10. Trademark Registration Cost – Trademark Attorney Fees

Cancellation of a Registered Trademark · Preliminary legal consultation to discuss the basis for your claims to cancel a trademark · Attorney-drafted petition to (29) …

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 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.

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