what isvthe cost of a trademark attorney

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.

Full Answer

How much does an OAPI trademark 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.

How much a trademark litigation will 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: $400 for a trademark search reported in a two-three page memo; and; $950 for filing a trademark application …

How much do trademark attorneys charge?

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 …

What is the cheapest trademark?

Aug 12, 2019 · Gerben Law Firm offers a quality trademark service at a reasonable flat rate. For $950, plus a USPTO filing fee of $350 per class of goods/services, you will receive an entire packaging of registration services, including a comprehensive trademark search, attorney consultation time, trademark application preparation, and response to non-substantive Office …

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 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.

When is the first renewal deadline for trademarks?

The first renewal deadline is between the fifth and sixth year anniversary of the registration.

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.

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, ...

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.

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 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”).

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 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.

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.

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 are some examples of copyright?

Some examples include a company logo, slogan, or brand name. Copyright typically involves an creative or literary piece of work, such as poetry, songs, musicals, computer software, architecture, or other artistic works. You cannot copyright methods, concepts, procedures, facts, or ideas.

Do I need an attorney to cancel a trademark?

A person whose domicile (i.e. permanent place of legal residence) is within the United States doesn’t have to retain an attorney to represent him/her in a trademark cancellation. Likewise, a business entity that has its principal place of business or headquarters within the United States doesn’t have to hire an attorney.

Do foreign-domiciled entities have to hire an attorney?

In contrast, an individual or entity that is “foreign-domiciled” must hire a U.S.-licensed attorney to either pursue or defend a cancellation proceeding. As such, the cost of a trademark cancellation for foreign-domiciled individuals/entities will unavoidably include attorney’s fees.

Am I Required to Hire an Attorney?

I can’t talk about trademark opposition costs without first addressing the biggest portion of such costs, which is almost always attorney’s fees. Needless to say, you’re probably wondering whether you’re required to hire an attorney to pursue or defend an opposition, or whether you can save all that money and just do everything yourself.

How Much Does a Trademark Opposition Cost as the Opposer?

If you’re the opposer (meaning the one who’s filing the opposition) and you decide to prepare/file the notice of opposition on your own, it’s possible you may only spend a few hundred dollars in government filing fees to successfully oppose a trademark application.

How Much Does a Trademark Opposition Cost as the Defendant?

If you’re the defendant (meaning you’re the owner of the opposed trademark application) and you choose not to hire an attorney, the cost of a trademark opposition could conceivably be zero dollars .

What If I Hire an Attorney?

Regardless of whether you’re the opposer or the defendant, hiring an attorney is going to cost you a significant amount of money. Plain and simple. I don’t know any attorneys who charge less than $200/hour and some charge $500/hour or more.

Questions About Trademark Opposition Costs?

I’m experienced US trademark attorney Morris Turek. I regularly assist individuals, businesses, and non-profit organizations throughout the United States and across the globe with pursuing and defending trademark oppositions.