What is the cost of a Trademark?
For electronic trademark applications, the cost of a trademark is $400 and for paper filings it costs $600. This price per-class for goods and services that are registered for federal trademarks through the United States Patent and trademark registration Office.
Do You Need to Register for a Trademark
A trademark user can create rights by using the mark frequently in commerce. The user can only rely on common-law rights to their trademark and won’t need to pay fees to formalize them. There are risks. The trademark could be acquired by someone else. You will lose your right to use your trademark if a trademark owner has gained the right to use it in a particular geographic area. A trademark owner may inadvertently infringe on a registered mark. These risks mean that it may be less expensive to enforce a registered trademark than a common-law one.
In certain cases, it is a good idea to register your trademark as soon possible in order to maximize the brand’s value and reduce the possibility of infringement. A trademark can be more valuable if it is registered.
What are the benefits of federal registration?
You can register a trademark in almost all states. It’s also possible and cheaper. A state trademark can be more useful than a federal one. Here are some benefits to federal registration if you are unsure whether you should register your trademark with the federal government.
• Evidence of trademark ownership
• You have the right to use your trademark in all 50 states for the services and products you list during registration. After five years continuous use, the trademark can be considered conclusive.
• The trademark will be included in the online databases at the United States Patent and Trademark Office.
• Public notice of the mark will be given regardless of whether the “(r”)” is used. An infringer cannot claim ignorance of the mark.
• You have the right to file a trademark infringement lawsuit with Federal Court.
• Federal Court has the right to recover attorney fees and enhanced damages if the federal registration symbol “(r”) is used.
• Registering the trademark with U.S. Customs and Border Protection Service gives you the right to stop counterfeit products and infringing goods from entering your country.
• You have the right to use the federal registry to obtain trademark registration elsewhere.
What You Should Not Do to Get a Trademark
You have not researched the availability of the trademark.
You will have trouble registering a trademark if you don’t do your research. Before the patent office examiner rejects you application, they may not have discovered any infringement issues. Third parties can petition to cancel the registration after your application has been approved. This applies for approximately five years. It is better to conduct research from the beginning to make sure that there are no infringement issues. To start your research, you can either use the USPTO Website or consult a trademark attorney.
This mark is very descriptive.
The patent office might refuse to register a trademark that is too descriptive. A mark that describes a feature, characteristic, quality, purpose, or function of goods and services may not be eligible for registration. A skilled trademark lawyer can tell you if a trademark is allowed to be registered. You will also be able modify a descriptive mark to make it eligible for registration.
The trademark will expire quickly.
You can expect a trademark registration to be accepted within six months if you try to register it. It may take longer if the trademark isn’t in use or there are objections. You don’t want to waste time or resources filing if you aren’t planning to use the trademark for a prolonged period. If you are certain that the trademark will not be used for a long time, common-law rights can be relied upon.
A registration is already in your possession that is very similar.
It doesn’t necessarily mean that you need to register a mark for every item. The United States has the “related goods doctrine” that protects trademarks for goods and services that are similar to others. If you already have a T-shirt mark application, for example, you might need to register a trademark on pants. A third party trying to use the mark for pants will be considered trademark infringement since consumers will assume that the pants are from the same trademark owner as the T-shirts.
How much does it cost to obtain a trademark?
If you choose the exact goods or services from the pre-set list, government fees of $225 per class are required to file an application for a trademark. Other rules and requirements apply to electronic filing. You will need to pay $275 for each class if you wish to add your own text.
You can expect to pay approximately $550 for government fees if you apply for a trademark in clothing (class 25) or jewelry (class 14). This fee will be paid to the United States Patent and Trademark Office upon filing a request.
Additional fees for filing trademark applications include the cost of an attorney or trademark service. For a flat fee, a general attorney can help you prepare and file a trademark application. The flat fee ranges from $300 to $1000. A skilled trademark attorney will usually charge between $1000 and $2000. The attorney fee for filing multiple classes of trademarks may be higher. Online trademark services typically cost between $400 and $500.
After you have submitted the application, the Trademark Examiner and Examining Attorney will review it. The Office Action letter of refusal will be sent to you if the examiner rejects your application. Sometimes, it will not be difficult to overcome the refusal. In other cases, however, you will need extensive legal research and the completion of legal documents in order to have your application approved. To respond to an Office Action, you don’t need to pay any fees. However, if you require legal assistance to respond, you will be charged between $200 and $2,000 in lawyer fees.
A trademark application can be filed regardless of whether the mark has been used to sell goods or services, or whether the mark will be used in the future. You will need to complete a Statement on Use if you have not yet sold goods or services using the trademark. The Statement of Use will require you to pay $100 for each class of goods or services that are included in your application. The fees charged by an attorney to prepare and file the Statement of Use range from $250 to $700.
The amount of attorney fees charged will vary depending on how many classes you have and how difficult it is to obtain images of trademark use. You may be charged for time spent answering questions, discussing strategy, reviewing registration certificates, or reporting on the status of your application. The total cost of an attorney fee for a trademark application can be as high as $2,500.
You may remove classes from an application at any time. Keep in mind, however, that filing fees for these classes will not be refunded by the trademark office.
What are the ways to file a trademark?
You have two options to file a trademark: either you can do it yourself, use an online service or hire a trademark lawyer.
Doing it yourself is undoubtedly the most cost-effective way to file a trademark. The United States Patent and Trademark Office website can be accessed to complete the online application. After completing the online form, you will need to pay $275 in government fees. Although it may seem simple, it can be quite difficult. The online trademark office website can be complicated, and it can be hard to understand the legal jargon. Although the trademark office offers a guidebook to help you fill out the online forms, the 19 sections can be confusing, especially if your background is not in law.
Preparation is more important than filing a successful trademark application. You must file the application correctly. Format and wording are important. You may not get the protection you need if you do not format or word your application correctly. Your application could even be rejected.
Make use of an online filing service
Online filing services are available to help you file your trademark application. A trademark application can be filed for as low as $200, which does not include any fees from the government. These services will conduct a basic search of your trademark system to ensure there aren’t any conflicts with other trademarks. Online filing services can also check the spelling, grammar, and design of the application, as well as the color adjustment and basic digitization.
Many online filing services will ensure that you fill out the form correctly. You cannot rely on them to provide legal advice and counsel.
A Trademark Attorney can be hired
You can expect to pay $2,000 for a trademark attorney. This includes the filing fee. Additional work may be required, which can cost you $300-$400 per hour. A trademark attorney is a valuable resource, even though they can be expensive. An experienced attorney can conduct a thorough trademark search. To ensure that there is no infringement, the attorney will also perform a trademark assessment.
An attorney can advise you on the uniqueness of your trademark, the strength of the mark and whether the use of the logo or name is in compliance with the filing requirements. A trademark attorney will format and word your application in order to ensure that you have the best chance of getting your trademark approved.
Is there a cost for submitting the application?
The cost of additional trademark use will vary depending on the way you actually use it. Once you have started using the trademark, you will need to file a Statement of Use. You will be charged $100 extra if you do not file a Statement or Use within six months after you use the trademark. You will also need to pay $100 for the Declaration of Continued Use, which you must file five to six years after trademark registration. Trademark registration is valid for a period of ten years. After 10 years, you’ll need to file a Declaration for Continued Use as well as a renewal application. Each class carries a $400 government fee. You will pay more if your trademark is filed in multiple classes.
What are your responsibilities after you register the trademark?
After you have registered your trademark successfully, you will be responsible for additional responsibilities. The trademark office asks that the trademark holder enforce trademark protection. You will be required to look out for any generalizations or unauthorized uses of the trademark. While the patent office will not allow any unauthorized trademark use, the trademark holder must be aware of any unauthorized trademark use. Trademark Monitoring Services is offered by some law firms. This service will alert you to any new USPTO filings that could infringe on your trademark. A few law firms can remind you of the renewal deadlines for trademarks. A law firm can help you ensure that the trademark is properly used and follows the requirements of the patent office.
Do You Need to File a Trademark on Your Own?
Although it may seem tempting to file your trademark application online or on your own, this can prove costly and risky. Experts estimate that only 50% of trademark applications will be rejected initially. However, others estimate that up to 80 percent of initial applications may be rejected. A trademark rejection is most often due to poor research, wording, or formatting. Hiring a competent attorney can often help you avoid these issues. If your trademark application has been rejected, you will have to pay the fees again. You will also likely need to hire an attorney.
How to Avoid Trademark Costs by Hiring an Attorney
Although hiring an attorney is the most costly option for trademark applications, it can also be less risky. If you have a good attorney to represent your trademark application, it is likely that it will be approved.
You will not need to do much research if you have an attorney providing legal assistance. An attorney who is a specialist in trademark registration will have a lot of knowledge and be able to answer all your questions. You can also collaborate with the lawyer to develop a strategy for obtaining your trademark. You can post your legal requirements here and UpCounsel will provide you with a list of trademark attorneys in your region.
What is the cost of a Trademark?