Trademark Center

How much will getting a trademark cost?

In the last article, Can I lose a trademark?, we discussed situations in which you could potentially lose your trademark rights. Now, we want to give you an overview of the cost of acquiring a trademark as well as note some reasons why some feel the need to secure one in the first place.

WHAT IS IT GOING TO COST ME?

Federal Fees: The United States Patent and Trademark Office (USPTO) charges a flat, per-class fee of between $225 and $375 for every application. For a statement of use (if you have not used the mark in commerce yet), the USPTO charges $100. For a complete schedule of all fees, visit the USPTO website: http://www.uspto.gov/trademark/view-fee-schedule-trademark-fee-information

Legal Fees: If you require the assistance of an attorney to file the trademark, many firms can help with the application (including the search) for a flat fee, often ranging from several hundred dollars to $1,000. If you need legal counsel to respond to an Official Action that the USPTO submits, that can cost just as much as the application or even more depending upon the complexity of the matter. However, some firms may just bill you at an hourly rate to handle that or other items that may arise throughout the entire process. [To understand the different issues that might surface during the application process, read our article outlining it: What Is The Trademark Process Like?] For example, if you have to file a statement of use, the attorney could fill out and file the document for a flat or hourly rate.

State Fees: It is important to keep in mind that, should you choose to also file a state application, that state will also charge various filing and process fees.

WHY SHOULD I GO THROUGH THE PROCESS?

From the above, it is clear that securing a trademark is not cheap. Also, it can take anywhere between 1 and 3 years to complete the application process. Therefore, many wonder why they should go through it at all or why they should use the assistance of a lawyer. Here are some things to keep in mind:

Why get one at all?

Trademarks give notice to others that you own the mark.
Trademarks permit you to sue others in court to enforce your rights.
Trademarks allow you to gain similar rights in other countries.
Trademarks enable you to block the importation of foreign products that infringe your mark.

Why have a lawyer assist you?

Time. The trademark process has several stages and various substantive requirements. If any of them are missed, your application could be dismissed entirely. A dedicated trademark attorney can ensure that this does not happen and give you the freedom to do other things.
Skill. The trademark process is very dense and laden with numerous legal complexities. A trademark attorney can help you navigate the thorny issues that might arise including conducting a trademark search, filling out the application, and responding to USPTO communications.
Efficiency. A trademark attorney can help you search through state and federal databases to make sure that the mark you want is not already taken. Also, he or she can draft your application to provide for the broadest legal protection available. This will guarantee that you do not have to redo the process and others cannot claim ownership of your marks.