how much for attorney to file trademark

How much does an OAPI trademark cost?

A common question for trademark filers is how much does a trademark attorney cost. Hiring a trademark attorney to register a trademark with the US Patent & Trademark Office (“USPTO”) is not excessively expensive. For trademark applications, our flat fees are: $300 for a trademark search reported in a two page memo; and; $950 for filing a trademark application including …

How much a trademark litigation will cost?

Jun 24, 2020 · 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.

What is the cheapest trademark?

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.

How much does a commercial litigation lawyer make?

To register a trademark, the cost of U.S. Patent and Trademark Office (USPTO) fees are between $225 and $600, while attorney fees add $500 to $2,000 more. Whether you would like to trademark words, a slogan, or a specific design, the process is relatively similar.

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.

What is the cost of filing a trademark?

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 cheapest way to trademark a name is by filing with your state. The cost varies depending on where you live and what type of business you own. If you are a corporation or LLC, you can expect to pay less than $150 in most cases, while sole proprietors and contractors can pay anywhere between $50 to $150.Nov 22, 2019

How much is a trademark for a logo?

What Does it Cost to Trademark a Logo? The cost to trademark a logo with the U.S. Patent and Trademark Office (USPTO) is $275–$660 as of June 2020, plus legal fees. You can register a trademark with your state for $50-$150, but federal registration offers a great deal more legal protection.

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.

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 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.

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 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 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.

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.

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 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 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.

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.

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.

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.

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.

SO, HOW MUCH DOES IT COST TO OBTAIN A TRADEMARK

The cost to register a trademark with the United States Patent and Trademark Office (USPTO) will be a function of the following:

GOVERNMENT FILING FEES ASSOCIATED WITH REGISTERING A TRADEMARK

The USPTO charges a flat fee of either $250.00 or $350.00 PER CLASS OF GOODS. This means that the USPTO doesn’t charge the applicant, per trademark, but rather according to how many different types of goods/services the applicant intends on selling under the trademark.

LEGAL FEES ASSOCIATED WITH REGISTERING A TRADEMARK

There is unfortunately uniform or “market price” for how much a trademark attorney may charge for filing a trademark application but it is our law firm’s very strong belief that trademark filings must be charged on a flat fee basis, rather than on an hourly basis (which can get out of hand quickly).

FINAL COST TO OBTAIN A TRADEMARK REGISTRATION

Assuming that you are already using the trademark in commerce and do not need to file an intent to use application, the cost for filing a trademark is a flat fee of $650 + Gov. Filing Fees of either $225 or $275 per class of goods.

TRADEMARK REGISTRATION APPLICATION FEE

The fee for a Trademark Electronic Application System Standard (TEAS Standard) application has been increased from $275 to $350 per class, which means an additional $75. Simultaneously, the TEAS Plus application charges has soared to $250 from$225, increasing by $25.

TRADEMARK TRIAL AND APPEAL BOARD (TTAB) FEE SCHEDULE

Below is a TTAB fees structure for applications filed via Electronic System for Trademark Trials and Appeals (ESTTA) that can vary between $25 to $200

Speak with a Trademark Attorney

Registering your trademark correctly from the start is important. Please feel free to reach out and request to speak with one of our trademark attorneys to discuss your idea. We’re here to help.

Where are trademarks registered?

A trademark registered in the United Kingdom provides trademark rights and protections in England, Scotland, Wales, and Northern Ireland. Whether your online retail shop has customers in Glasgow, or you plan to open a brick and mortar shop in London, you may want to consider a U.K. trademark registration.

How many trademarks does Gerben Law Firm have?

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.

What is the Madrid Protocol?

The Madrid Protocol’s application is extremely broad by nature, to cover the basics of each member country’s filing requests. Because of this, it is common for each individual trademark office to return to you with requests for additional documents or information.

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.

Does the Madrid Protocol guarantee trademark registration?

While the Madrid Protocol streamlines the application process, it does not guarantee that your registration will be approved in the countries you’ve filed. You will pay a single application fee with the Madrid Protocol, but you need to factor in the registration costs of each country where your trademark is approved.