how much should a trademark attorney cost me

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.

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How much does an OAPI trademark 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 a trademark litigation will cost?

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 …

How much do trademark attorneys charge?

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. Flat-fee …

What is the cheapest trademark?

How much will a trademark attorney cost? For Federal trademarks, we are pleased to offer our services on a fixed fee basis. In particular, as explained in more detail at the end of this page, $1,750 will be your entire out of pocket cost for most Federal Trademarks. In particular, our legal fee is $1,500 and covers

How much does it cost to file a trademark?

How Much is the US Government Trademark Filing Fee? 1 $225 or $275 per class 2 So, total with trademark attorney is $700 for one trademark under one class.

How much more likely are you to get a trademark if you use a trademark attorney?

According to a study published in Stanford Technology Law Review, and as reported by the Wall Street Journal, trademark applicants are 50% more likely to receive a registration if they use a trademark attorney.

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.

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 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.

How much does the trademark office charge?

In addition to our fee, the Trademark Office also charges fees. In particular, with regards to the initial filing, the Trademark Office presently charges either $250 or $350 per class, with the lower amount corresponding to use of an existing goods and services description, and the higher amount corresponding to use of a custom goods ...

What is an arbitrary mark?

An arbitrary mark is an ordinary term, image or design that is used in a meaningless context. Apple is commonly used as an example of an arbitrary mark, in that Apple, while an ordinary word, has no relation at all to computers, software, music players, telephones, and the other equipment that Apple sells.

What is a fanciful mark?

A fanciful mark is a completely made up word, image or design. For example, Peps, Kodak, and Xerox are examples of made up words without meaning prior to their adoption as a trademark. A fanciful mark will not be found in any dictionary prior to its use as a mark. Fanciful marks are considered to be the most distinctive trademarks, ...

What is suggestive mark?

A suggestive mark indicates the nature of a product or service it is associated with, or a quality or characteristic of the product or service it is associated with. For a mark to be suggestive, rather than descriptive, case law requires that the goods and services are only connected with the mark through an “imaginative leap.”.

What is descriptive mark?

A descriptive mark directly describes the nature of the product or service it is associated with, or a quality or characteristic of the product or service it is associated with, with no imaginative leap required.

What is generic term?

A generic term is one that describes the product or service with which it is associated as a category or type. As such, a generic term cannot distinguish between competing versions of the product or service, and is said to lack distinctiveness. Some examples of generic terms are “All Natural” and “Garlic Oil” because they describe the product or service with which they are associated. It is possible for a once distinctive term to become generic due to use by the public to describe all versions of a product or service, and not just those offered by the mark user.

How Much Does a Trademark Cost? – What are Relevant Costs?

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:

Exercise 1: Determining the Relevant Cost for a Federal Trademark Search

Let’s start by comparing options for conducting a federal trademark search . 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.

Exercise 2: Determining the Relevant Cost for a Trademark Application

Hopefully, Exercise 1 gave you a better sense of how to figure out the costs that matter to your trademark search decision. Now, let’s do one more quick exercise – a comparison of the trademark application fees charged by my law firm and Trademarkia.

So, How Much Does a Trademark Cost? The Choice is Yours

I’m experienced US trademark attorney Morris Turek. This article may seem like a big sales pitch for my law practice, but my true goal is to demonstrate the value of doing thorough research when selecting someone to help with your trademark needs.

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.

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 federal registration filing fee for a trademark is one of the more expensive costs, starting at $275 because it will provide your trademark with all of the benefits that a state filed trademark would not have.

How much does it cost to trademark a business name?

To trademark a business name, it costs between $275 and $325 for the filing fees. Additionally, you’ll need to pay attorney fees, state fees of $100-$200, and maintenance fees as the trademark cost needed in the future.

Why is it important to have a trademark?

Trademark protects your brand from competitors who can be involved in stealing and using a similar version of your name or logo. Trademark increases the value of your brand if you ever decide to sell your business (the value of your business is in your brand) Trademark allows you to know if someone is using your brand.

What is a trademark?

Trademark allows you to know if someone is using your brand. Trademark prevents someone else from using a similar brand. By knowing what is the cost of trademarking a name and paying the trademark price, trademark allows you to use the ® symbol to protect your brand. Whether you are a business owner, singer, graphic designer, artist, photographer, ...

What is collective mark?

Collective marks: These work just like trademarks but you may apply the trademark to a group instead of an individual business. When it comes to trademarking and knowing how much is trademarking a name, some things are really tough to trademark. In this case, you should consult with.

How much does it cost to keep a trademark alive?

It’s currently $100 in year 5 and then an additional $500 in year 10 and every 10 years after.

How long do you have to renew a trademark?

5 years after your trademark, you’ll have to renew it using Section 8 and paying a $100 fee. If you don’t do this before the 6th year, you’ll have 6 additional months to take care of this, but it will cost you an extra $100 penalty as an additional trademark cost for maintenance.

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.